This matter concerns an application for declaratory relief and pecuniary penalties for contraventions of various provisions of the Fair Work Act 2009 (Cth) ("Act") under the Industrial Law.
The employer in question has admitted to contravening the Restaurant Industry Award 2010 ("Award") by failing to display the Award and National Employment Standards, failing to pay annual leave entitlements, failing to pay superannuation contributions, and failing to provide notice or payment in lieu on termination of employment.
The parties have agreed to orders in respect of unpaid wages and annual leave entitlements, as well as outstanding superannuation guarantee payments. The respondent has proposed a range of pecuniary penalties. The issue at hand is whether the amount of penalties within the respondent's proposed range is sufficiently high to achieve specific and general deterrence.
Furthermore, the question arises as to whether the penalties should be paid, in equal amounts, to the applicants or into the Consolidated Revenue Fund. The applicants also seek compensation for loss of growth in their superannuation funds. Additionally, the applicant seeks to recover on their quantum meruit claim amounts payable under the National Minimum wage as a casual employee.
After careful consideration, it is held that total penalties imposed of $150,000 on the first respondent and $50,000 on the second respondent are payable in equal amounts to each applicant. The Court finds that this amount is sufficient to achieve specific and general deterrence. Moreover, the penalties shall be paid into the Consolidated Revenue Fund. The applicants are entitled to compensation for loss of growth in their superannuation funds, and the applicant is entitled to recover on their quantum meruit claim amounts payable under the National Minimum wage as a casual employee.
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