Fair Work Ombudsman v Winit (AU) Trade Pty Ltd [2023] FCA 1200

Fair Work Ombudsman v Winit (AU) Trade Pty Ltd [2023] FCA 1200

Winit (AU) Trade Pty Ltd contravened multiple provisions of the Storage Services and Wholesale Award 2010 and the Fair Work Act 2009 (Cth), including by underpaying employees, failing to provide required statements and compliant pay slips, and taking adverse action. Three contraventions constituted serious contraventions under s 557A. Song Cheng was accessorily liable under s 550 for select contraventions. Having regard to the seriousness, scale, cooperation and remediation efforts, the Court imposed pecuniary penalties totalling $550,000 on Winit and $8,190 on Song Cheng, to be paid to the Commonwealth within 28 days. No declaratory relief was granted as penalties sufficiently met the...

Jurisdiction
Australia
Judgment Date
11 October 2023
Procedural Posture
Originating Application / Judgment After Hearing on Liability and Penalties
Outcome
Pecuniary penalties imposed. No declaratory relief granted.
Legal Topics
['contraventions of Modern Award' 'adverse Action' 'pecuniary Penalties' 'serious Contraventions' 'accessorial Liability' 'totality Principle' 'civil Remedy Provisions']
['industrial Law' 'employment Law'] ['contraventions of Modern Award' 'adverse Action' 'pecuniary Penalties' 'serious Contraventions' 'accessorial Liability' 'totality Principle' 'civil Remedy Provisions']

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Procedural Posture

Originating Application / Judgment After Hearing on Liability and Penalties

Legal Issues

  1. 1 ['Whether Winit (AU) Trade Pty Ltd contravened the Storage Services and Wholesale Award 2010 and provisions of the Fair Work Act 2009 (Cth) through underpayments and adverse action against employees' "Whether certain contraventions constituted 'serious contraventions' under s 557A of the Fair Work Act 2009 (Cth)" 'Whether Song Cheng was accessorily liable for certain contraventions' 'What pecuniary penalties are appropriate in all circumstances']

Ratio Decidendi

Winit (AU) Trade Pty Ltd contravened multiple provisions of the Storage Services and Wholesale Award 2010 and the Fair Work Act 2009 (Cth), including by underpaying employees, failing to provide required statements and compliant pay slips, and taking adverse action. Three contraventions constituted serious contraventions under s 557A. Song Cheng was accessorily liable under s 550 for select contraventions. Having regard to the seriousness, scale, cooperation and remediation efforts, the Court imposed pecuniary penalties totalling $550,000 on Winit and $8,190 on Song Cheng, to be paid to the Commonwealth within 28 days. No declaratory relief was granted as penalties sufficiently met the...

Court Disposition

Pecuniary penalties imposed. No declaratory relief granted.

Orders

  • ['First respondent to pay pecuniary penalties totalling $550,000.00.' 'Second respondent to pay pecuniary penalties totalling $8,190.00.' 'Penalties to be paid to the Commonwealth within 28 days.' 'No order as to costs.' 'No grant of declaratory relief.']