Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Doll House Training Pty Ltd (No 2) [2024] FCA 811 File number: NSD 503 of 2021
Judgment of: GOODMAN J
Date of judgment: 24 July 2024
Catchwords: INDUSTRIAL LAW – application for declaratory relief and pecuniary penalties for contraventions of ss 323(1), 357, 358 and 712(3) of the Fair Work Act 2009 (Cth) – where an employer employed three workers with disabilities, later terminated their employment and required them to sign an "Independent Contractor Agreement" – two of the three workers signed the "Independent Contractor Agreement" – whether workers were then independent contractors or employees – held to be employees – where employer failed to pay the employees at all during the period of their employment – where the employer failed to comply with a notice to produce documents issued by a Fair Work Inspector – contraventions proven – appropriate level of penalties to be imposed
Legislation: Fair Work Act 2009 (Cth), ss 12, 14, 323, 357, 358, 539, 546, 556, 557, 557A, 712, 793 Federal Court Rules 2011 (Cth), rr 4.01, 16.57
Cases cited: Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; (2022) 274 CLR 450 Australian Competition and Consumer Commission v Employsure Pty Ltd [2023] FCAFC 5; (2023) 407 ALR 302 Basi v Namitha Nakul Pty Ltd (No 2) [2023] FCA 671 Chiodo v Silk Contract Logistics [2023] FCA 1047 Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; (2022) 275 CLR 165 EFEX Group Pty Ltd v Bennett [2024] FCAFC 35 Fair Work Ombudsman v Construction, Forestry and Maritime Employees Union (The Beams Lift Case) (No 2) [2024] FCA 779 Fair Work Ombudsman v Doll House Training Pty Ltd [2022] FCA 604 Fair Work Ombudsman v NSH North Pty Ltd (t/as New Shanghai Charlestown) [2017] FCA 1301; (2017) 275 IR 148 Fair Work Ombudsman v IE Enterprises Pty Ltd [2021] FCA 60 Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd (No 4) [2017] FCA 580 Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd [2015] HCA 45; (2015) 256 CLR 137 JMC Pty Ltd v Federal Commissioner of Taxation [2022] FCA 750 Rizk v Basseal [2024] FCA 647 Secretary, Attorney-General's Department v O'Dwyer [2022] FCA 1183; (2022) 177 ALD 113 Shergill v Singh (No 2) [2024] FCA 261 Trade Practices Commission v CSR Ltd [1990] FCA 762; [1991] ATPR¶ 41-076 Willis Brothers Installations (Qld) Pty Ltd v Ruttley [2023] FCA 1147 ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2; (2022) 275 CLR 254
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