Event and Time
Event Description
The case MLG 826 of 2022 concerns proceedings initiated by the Fair Work Ombudsman against Designer Projects Victoria Pty Limited (First Respondent) and its director Mr. Visna Thanthrige (Second Respondent). The case was delivered ex tempore on 9 November 2022 and involved admitted contraventions of the Fair Work Act 2009 (Cth) regarding non-compliance with a compliance notice and failure to provide payslips.
Application and Claims
- The Fair Work Ombudsman sought declarations and pecuniary penalties against the Respondents for:
- The First Respondent's contravention of section 716(5) of the Fair Work Act, concerning the failure to comply with a compliance notice. - The First Respondent's contravention of section 536(1) for not providing payslips in a timely manner. - The Second Respondent's involvement in the contraventions as per section 550(2) of the Act.
Judicial Decisions
The Respondents agreed to the declarations regarding their contraventions and acknowledged that penalties should be imposed, but the Court retained the discretion to determine the penalty amounts.
Dispute Points and Legal Basis
Dispute Points
- Fair Work Ombudsman (Applicant):
- Argued for the imposition of substantial pecuniary penalties due to deliberate non-compliance with statutory duties and the undermining of employee entitlements. - Highlighted the systematic failures of the First Respondent to adhere to legal obligations and the importance of deterrence in compliance with workplace laws.
- Designer Projects Victoria Pty Limited (First Respondent) and Mr. Thanthrige (Second Respondent):
- Acknowledged the contraventions but argued for a lower penalty based on a lack of previous violations and expression of contrition. - The Second Respondent indicated extenuating circumstances relating to a family emergency.