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[2025] FCA 1012
General information, not legal advice.
Federal Court of Australia
2025-08-27
Mr P, Goodman J
Original judgment source is linked above.
I certify that the preceding sixty-three (63) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Goodman.
Construction, Forestry and Maritime Employees Union
AMK Images Pty Ltd
A__ustralian Building and Construction Commissioner v Pattinson [2022] HCA 13; (2022) 274 CLR 450
Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liquidation) [2007] FCAFC 146; (2007) 161 FCR 513
Australian Competition and Consumer Commission v Employsure Pty Ltd [2023] FCAFC 5; (2023) 407 ALR 302
Australian Competition and Consumer Commission v SensaSlim Australia Pty Ltd (in liq) (No 7) [2016] FCA 484
Australian Competition and Consumer Commission v SIP Australia Pty Limited [2003] FCA 336; (2003) ATPR 41‑937
Australian Securities and Investments Commission v DOD Bookkeeping Pty Ltd (in liq), in the matter of DOD Bookkeeping Pty Ltd (in liq) (No 2) [2025] FCA 395
Construction, Forestry and Maritime Employees Union v AMK Images Pty Ltd (in liq) [2024] FCA 1057
Construction, Forestry and Maritime Employees Union v AMK Images Pty Ltd (in liq) (No 2) [2024] FCA 1457
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
Shergill v Singh (No 2) [2024] FCA 261
Trade Practices Commission v CSR Ltd [1990] FCA 762; [1991] ATPR 41-076
... It is obvious that vulnerable low paid workers will be disproportionately affected by comparison to higher paid workers where they are not paid in a timely way, and are not provided with transparent pay records, in the form of pay slips which, by operation of r 3.46 of the Fair Work Regulations 2009 (Cth) are required to stipulate essential information including, but not limited to, the hours worked, the pay received, leave accrued and any amount paid that is said to be a bonus, loading, allowance, penalty rate or other separately identifiable entitlement to verify that minimal entitlements are being honoured. At first blush it might appear that a payslip contravention is minor. That may be the case where it happens once. However, the requirement that an employer provide payslips is an essential part of a functioning industrial system. An employee does not have access to his or her employer's records. An employee needs to understand the basis upon which he or she is being paid in a timely way so as to be able to raise discrepancies when they arise. The need is obvious also in the case for foreign nationals, like Ms Shergill. The failure to make and maintain employee entitlement records undermines the ability of employees and also workplace inspectors to ensure compliance: Fair Work Ombudsman v Orwill Pty Ltd & Ors [2011] FMCA 730 at [21]: Fair Work Ombudsman v Taj Palace Tandoori Indian Restaurant Pty Ltd & Anor [2012] FMCA 258 at [67]; Fair Work Building Inspectorate v Foxville Projects Group Pty Ltd [2015] FCA 492 at [35].
(2022) 274 CLR 450
(2005) 228 CLR 357
(2007) 161 FCR 513
(2023) 407 ALR 302