EZY Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134

EZY Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134

The evidence supported findings that Mr Lau, as director of EZY Accounting, had actual knowledge of underpayments resulting from maintenance of incorrect award rates, was aware of the requirements under the Award, and intentionally participated in the payment system producing contraventions. Therefore, EZY Accounting was correctly found to be 'knowingly concerned' under s 550(2)(c) of the Fair Work Act 2009 (Cth). No appellable error was present in the primary Judge’s findings.

Parties
Appellant: EZY Accounting 123 Pty Ltd; Respondent: Fair Work Ombudsman
Jurisdiction
Australia
Judgment Date
20 August 2018
Procedural Posture
Appeal / Final Judgment in Appellate Court
Outcome
Appeal allowed in part and otherwise dismissed
Legal Topics
Accessorial Liability, Contraventions of Fair Work Act, Intentional Participation in Contraventions, Knowledge Requirement for Accessories, Minimum Wage Compliance
Industrial Law Employment Law Accessorial Liability Contraventions of Fair Work Act Intentional Participation in Contraventions Knowledge Requirement for Accessories Minimum Wage Compliance

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Parties

EZY Accounting 123 Pty Ltd

Appellant

Fair Work Ombudsman

Respondent

Procedural Posture

Appeal / Final Judgment in Appellate Court

Legal Issues

  1. 1 Whether the Appellant was 'involved in' contraventions of s 45 of the Fair Work Act 2009 (Cth) within s 550
  2. 2 Whether actual knowledge (as opposed to constructive or imputed knowledge) is required to establish accessorial liability under s 550
  3. 3 Whether the findings of fact and credibility made by the primary Judge disclosed appellable error

Ratio Decidendi

The evidence supported findings that Mr Lau, as director of EZY Accounting, had actual knowledge of underpayments resulting from maintenance of incorrect award rates, was aware of the requirements under the Award, and intentionally participated in the payment system producing contraventions. Therefore, EZY Accounting was correctly found to be 'knowingly concerned' under s 550(2)(c) of the Fair Work Act 2009 (Cth). No appellable error was present in the primary Judge’s findings.

Court Disposition

Appeal allowed in part and otherwise dismissed

Orders

  • Ground 2 of the Notice of Appeal be allowed.
  • Declaration 1(f) by the Federal Circuit Court of Australia on 28 April 2017 is set aside.