Fair Work Ombudsman v Complete Windscreens (SA) Pty Ltd [2016] FCA 621

Fair Work Ombudsman v Complete Windscreens (SA) Pty Ltd [2016] FCA 621

Complete Windscreens (SA) Pty Ltd contravened obligations concerning minimum wage, overtime, casual loading, Saturday penalty, annual leave, annual leave loading, personal leave, record keeping and pay slips. Liability is established for underpayment where employees were not provided structured breaks of 30 minutes beyond lunch, and for minimum wage and leave entitlements for certain employees. Lindsay Dean, as sole director, was knowingly involved in those contraventions, except for record keeping, where evidence of his specific knowledge was insufficient. Alleged breaches regarding meal breaks and time-and-a-half penalty after 1 pm were not proven on the balance of probabilities, due to...

Parties
Applicant: Fair Work Ombudsman; First Respondent: Complete Windscreens (SA) Pty Ltd; Second Respondent: Lindsay Dean
Jurisdiction
Australia
Judgment Date
01 June 2016
Procedural Posture
Civil / Post Liability Judgment, Pre Final Orders
Outcome
Applicant (Fair Work Ombudsman) succeeds in showing contraventions for minimum wages, overtime, breaks, leave benefits, and pay slips, except for meal break claims; orders for quantum and penalties remain to be finalised.
Legal Topics
Minimum Wage, Casual Loading, Overtime, Meal Breaks, Meal Allowances, Saturday Penalty Rates, Annual Leave, Annual Leave Loading, Personal Leave, Record Keeping, Pay Slips, Award Coverage, Director Liability
Industrial Law Employment Law Minimum Wage Casual Loading Overtime Meal Breaks Meal Allowances Saturday Penalty Rates +7 more

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Parties

Fair Work Ombudsman

Applicant

Complete Windscreens (SA) Pty Ltd

First Respondent

Lindsay Dean

Second Respondent

Procedural Posture

Civil / Post Liability Judgment, Pre Final Orders

Legal Issues

  1. 1 Whether Complete Windscreens contravened statutory provisions and industrial instruments in relation to minimum wages, casual loading, overtime, meal breaks, meal allowances, Saturday penalties, annual leave, annual leave loading, personal leave, record keeping and pay slips for seven employees
  2. 2 Whether Lindsay Dean was involved in such contraventions within the meaning of s 728 of the Workplace Relations Act 1996 (Cth) and s 550 of the Fair Work Act 2009 (Cth)

Ratio Decidendi

Complete Windscreens (SA) Pty Ltd contravened obligations concerning minimum wage, overtime, casual loading, Saturday penalty, annual leave, annual leave loading, personal leave, record keeping and pay slips. Liability is established for underpayment where employees were not provided structured breaks of 30 minutes beyond lunch, and for minimum wage and leave entitlements for certain employees. Lindsay Dean, as sole director, was knowingly involved in those contraventions, except for record keeping, where evidence of his specific knowledge was insufficient. Alleged breaches regarding meal breaks and time-and-a-half penalty after 1 pm were not proven on the balance of probabilities, due to...

Court Disposition

Applicant (Fair Work Ombudsman) succeeds in showing contraventions for minimum wages, overtime, breaks, leave benefits, and pay slips, except for meal break claims; orders for quantum and penalties remain to be finalised.

Orders

  • Applicant to file and serve within 10 days draft minutes of order reflecting conclusions and further orders as applicant contends should be made.
  • Proceeding be adjourned to a date to be fixed.