Fair Work Ombudsman v Hu (No 3) [2020] FCA 936

Fair Work Ombudsman v Hu (No 3) [2020] FCA 936

The Court accepted the agreed penalties as appropriate given the seriousness of contraventions, the vulnerability of affected employees, the financial loss suffered, and the respondent's early admissions and remorse, consistent with established principles regarding penalisation for breaches of the Fair Work Act.

Parties
Applicant: Fair Work Ombudsman; Respondent: Tao Hu
Jurisdiction
Australia
Judgment Date
29 June 2020
Procedural Posture
Civil / Penalty Determination After Admissions
Outcome
Pecuniary penalties imposed as agreed between the parties.
Legal Topics
Pecuniary Penalties, Fair Work Act, Contraventions of Award Provisions, Accessorial Liability, Employment Entitlements
Industrial Law Employment Law Pecuniary Penalties Fair Work Act Contraventions of Award Provisions Accessorial Liability Employment Entitlements

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Parties

Fair Work Ombudsman

Applicant

Tao Hu

Respondent

Procedural Posture

Civil / Penalty Determination After Admissions

Legal Issues

  1. 1 What is the appropriate penalty for admitted contraventions of ss 45 and 536(2)(b) of the Fair Work Act 2009 (Cth)?
  2. 2 Should the Court accept the parties' proposed agreed penalties for civil remedy provisions?

Ratio Decidendi

The Court accepted the agreed penalties as appropriate given the seriousness of contraventions, the vulnerability of affected employees, the financial loss suffered, and the respondent's early admissions and remorse, consistent with established principles regarding penalisation for breaches of the Fair Work Act.

Court Disposition

Pecuniary penalties imposed as agreed between the parties.

Orders

  • Declarations made regarding respondent's involvement in contraventions of s 45 and 536(2)(b) of the Fair Work Act 2009 (Cth).
  • Respondent to pay total pecuniary penalties of $22,440.00 within 28 days.