In our December 2010 article (see issue 8.12), we discussed the
activities of the Fair Work Ombudsman, the independent regulatory
agency that investigates complaints involving suspected
contraventions of the Fair Work Act 2009 and its
predecessor, the Workplace Relations Act 1996, as well as
breaches of awards and agreements. Part of the FWO's arsenal
includes the capacity to bring Court proceedings seeking the
recovery of unpaid entitlements, the reinstatement of employees
where appropriate, and the imposition of monetary penalties.
In a recent decision of the Federal Magistrates Court, pecuniary
penalties were imposed on a company director and the company's
HR manager after both men were found, in a previous judgment, to
have been 'knowingly concerned' in the company's
contravention of the sham contracting provisions of the
Workplace Relations Act 1996 ('WRA
1996'). Under the relevant provisions of the WRA
1996 (which applied in this case), it was unlawful for an
