Fair Work Ombudsman v DTF World Square Pty Ltd (in liq) (No 3) [2023] FCA 201

Fair Work Ombudsman v DTF World Square Pty Ltd (in liq) (No 3) [2023] FCA 201

The liability of the two corporate respondents was established for making and keeping false or misleading records, failing to keep required records and provide compliant pay slips, and contravening minimum award entitlements, including for overtime, penalty rates, casual loading, and split shift allowances, as well as requiring employees to work excessive hours without appropriate compensation. These were proven to be knowing contraventions as part of a systematic pattern, rendering some 'serious contraventions' under the Act. The individuals Handoko and Parmenas, due to their knowledge of pay rates, payroll processes, and active operational roles, were knowingly concerned and involved in...

Jurisdiction
Australia
Judgment Date
15 March 2023
Procedural Posture
Liability Determination (civil) / Final Judgment on Liability, Further Issues Listed for Case Management
Outcome
Liability established against all employer entities and against Ms Handoko and Ms Parmenas as accessories. Orders to be brought in by parties within 14 days; matter listed for case management on residual issues.
Legal Topics
['fair Work Act Contraventions' 'record Keeping' 'pay Slip Requirements' 'award Underpayments' 'maximum Weekly Hours' 'systematic Breaches' 'serious Contraventions' 'accessory Liability Under S 550']
['industrial Law' 'employment Law'] ['fair Work Act Contraventions' 'record Keeping' 'pay Slip Requirements' 'award Underpayments' 'maximum Weekly Hours' 'systematic Breaches' 'serious Contraventions' 'accessory Liability Under S 550']

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Procedural Posture

Liability Determination (civil) / Final Judgment on Liability, Further Issues Listed for Case Management

Legal Issues

  1. 1 ["Whether the two companies and individual respondents contravened multiple civil penalty provisions of the Fair Work Act 2009 (Cth) and Fair Work Regulations 2009 (Cth) between July 2014 and June 2018, including by making and keeping false records, failing to pay minimum entitlements under awards, failing to provide correct pay slips, and requesting/requiring employees to work unreasonable additional hours; whether these were 'serious contraventions'; whether individuals were accessories."]

Ratio Decidendi

The liability of the two corporate respondents was established for making and keeping false or misleading records, failing to keep required records and provide compliant pay slips, and contravening minimum award entitlements, including for overtime, penalty rates, casual loading, and split shift allowances, as well as requiring employees to work excessive hours without appropriate compensation. These were proven to be knowing contraventions as part of a systematic pattern, rendering some 'serious contraventions' under the Act. The individuals Handoko and Parmenas, due to their knowledge of pay rates, payroll processes, and active operational roles, were knowingly concerned and involved in...

Court Disposition

Liability established against all employer entities and against Ms Handoko and Ms Parmenas as accessories. Orders to be brought in by parties within 14 days; matter listed for case management on residual issues.

Orders

  • ['Within 14 days, the parties are to agree upon orders giving effect to these reasons.' 'Matter to be listed for case management of remaining questions at 9:30am on 6 April 2023.' "Liberty to apply on 2 days' notice."]