Western Australian Industrial Relations Commission

Pecuniary penalty for failure to pay ordered amount

The Industrial Magistrate has handed down a pecuniary penalty for contravention of s546(3)(c) of the Fair Work Act 2009 (FW Act). The respondent was previously found to have contravened the FW Act and had been ordered to pay minimum wage for normal hours of pay, untaken paid annual leave, public holidays and personal leave to the applicant.

Scaddan IM looked at s 557(1) of the FW Act and concluded that the failure to pay the 4 amounts would constitute a single contravention as the contraventions arose out of the same course of conduct by the respondent company.

Among other things, Scaddan IM considered that the respondent company is a mid-sized company and had not been found to have previously contravened the FW Act and also considered the conduct of both parties in relation to the initial contravention. Scaddan IM determined that the conduct that caused the contravention was in the low range and ordered total penalties of $3,000. The main purpose of a civil penalty is to promote compliance with the law and it is not an additional award of compensation for hurt feelings, inconvenience, stress or legal fees.

The decision can be read here.

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