CTHFCA
Fair Work Ombudsman v Hu
[2020] FCA 936
Federal Court of Australia|2020-06-29|Before: Mr J, Rangiah J
View original sourceAt a glance
Source factsCourt
Federal Court of Australia
Decision date
2020-06-29
Before
Mr J, Rangiah J
Catchwords
- INDUSTRIAL LAW - pecuniary penalties - admitted contraventions of ss 45 and 546 of the Fair Work Act 2009 (Cth) - where parties agreed penalties - penalties imposed
Source
Original judgment source is linked above.
Catchwords
INDUSTRIAL LAW - pecuniary penalties - admitted contraventions of ss 45 and 546 of the Fair Work Act 2009 (Cth) - where parties agreed penalties - penalties imposed
Judgment (8 paragraphs)
[1]
- The first respondent was involved in, within the meaning of s 550(2) of the Fair Work Act 2009 (Cth) (FW Act), the contravention by HRS Country Pty Ltd (HRS Country) of each of the following civil penalty provisions: (a) s 45 of the FW Act by HRS Country failing to pay each of its employees who were 20 years of age or older and have an applicable entry in Column A of Schedule A to these orders (save for the employee at line 80 of Schedule A), the minimum hourly rate for ordinary hours worked pursuant to cl 14.1 of the Horticulture Award 2010 (the Horticulture Award); (b) s 45 of the FW Act by HRS Country failing to pay the employee who was under 20 years of age and has an applicable entry in Column A of Schedule A to these orders, namely, the employee at line 80, the minimum hourly rate for hours worked pursuant to cl 16.1 of the Horticulture Award and cll A.2 and A.3 of Schedule A of the Horticulture Award; (c) s 45 of the FW Act by HRS Country failing to pay each of its employees who have an applicable entry in Column B of Schedule A to these orders, a casual loading pursuant to cl 10.4(b) of the Horticulture Award and cl A.5 of Schedule A of the Horticulture Award; (d) s 45 of the FW Act by HRS Country failing to pay its employees who have an applicable entry in Column C of Schedule A to these orders, public holiday rates pursuant to cl 28.3 of the Horticulture Award and cl A.7 of Schedule A of the Horticulture Award; (e) s 45 of the FW Act by HRS Country failing to pay its employees who have an applicable entry in Column D of Schedule A to these orders, for a ten minute rest break pursuant to cl 23.2 of the Horticulture Award; and (f) s 536(2)(b) of the FW Act by HRS Country failing to include superannuation contribution information in the payslips of its employees entitled to superannuation listed in Schedule B to these orders, as required by reg 3.46(5) of the Fair Work Regulations 2009 (Cth).