Yes Insurance Group Pty Ltd v Fair Work Ombudsman [2024] FCA 1366

Federal Court of Australia Yes Insurance Group Pty Ltd v Fair Work Ombudsman [2024] FCA 1366 Appeal from: Fair Work Ombudsman v Yes Insurance Group Pty Ltd [2021] FedCFamC2G 365 Fair Work Ombudsman v Yes Insurance Group Pty Ltd [2022] FedCFamC2G 694

File number:

Judgment of: SNADEN J

Date of judgment: 28 November 2024

Catchwords: INDUSTRIAL LAW – appeal from judgment of Federal Circuit and Family Court of Australia (Division 2) ("FCFCOA") declaring first appellant and its employee to be covered by Banking, Finance and Insurance Award 2020 ("BFIA") – where pecuniary penalties imposed on appellants – where first appellant operated insurance business – where second appellant sole director and shareholder of first appellant – where division of first appellant offered roadside assistance service – where respondent issued compliance notice under s 716 of Fair Work Act 2009 (Cth) ("FW Act") requiring payment to roadside assistance employee in accordance with BFIA – where appellants found to have contravened s 716(5) of FW Act by failing to comply with compliance notice – whether primary judge erred in finding first appellant covered by BFIA in respect of employee referred to in compliance notice – whether primary judge erred in finding division of first appellant provided services covered by BFIA – whether primary judge ignored or gave insufficient weight to division of first appellant holding Australian financial services licence – whether primary judge made erroneous findings of fact – whether primary judge failed to afford procedural fairness – whether pecuniary penalties imposed by primary judge were excessive – appeal allowed in part.

Fair Work Act 2009 (Cth) ss 47, 48, 570,716 Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Banking, Finance and Insurance Award 2020 cl 4.2, 15.1(a) Vehicle Repair, Services and Retail Award 2020 cl 4