Wollermann v Fortrend Securities Pty Ltd [2025] FCA 103

Federal Court of Australia Wollermann v Fortrend Securities Pty Ltd [2025] FCA 103 File number(s):

Judgment of: O'CALLAGHAN J

Date of judgment: 21 February 2025

Catchwords: INDUSTRIAL LAW – alleged contraventions of ss 323 and 536 of the Fair Work Act 2009 (Cth) (the Act) – civil remedy provisions – where the respondent employer partially withheld bonus payments from the applicants following their resignation – where the respondent employer unilaterally deducted amounts from an applicant's salary and allocated such amounts to a client entertainment and travel account – whether the alleged contravention relating to unilateral deductions was a serious contravention under s 557A of the Act – where the respondent employer failed to provide timely pay slips or provided deficient pay slips to the applicants – alleged accessorial liability under s 550 of the Act – where the managing director was liable as an accessory in respect of contraventions involving withheld bonus payments and deductions but not in respect of pay slip contraventions

Fair Work Act 2009 (Cth) ss 323(1), 324, s 536(1) to (2), 550, 557A(1) and 557B(1) Legislation: Fair Work Regulations 2009 (Cth) regs 3.46(1)(g), (2) and (4) Long Service Leave Act 2018 (Vic) ss 6, 15 and 26(6) Wage Theft Act 2020 (Vic)

Fair Work Ombudsman v Devine Marine Group Pty Ltd [2014] FCA 1365 Fortrend Securities Pty Ltd v Wollermann (No 2) [2025] FCA 96 Cases cited: Hamilton v Whitehead (1988) 166 CLR 121 Murrihy v Betezy.com.au Pty Ltd [2013] FCA 908; (2013) 238 IR 307 Scarati v Republic of Italy (2023) 302 FCR 427 Williams v Collier International (Victoria) Pty Ltd (Industrial) [2011] VMC 82