Atkins Freight Services Pty Ltd v Fair Work Ombudsman [2017] FCA 1134

INDUSTRIAL LAW – successful claims for payment of award and statutory entitlements brought against Appellant by former employees and Fair Work Ombudsman in the Industrial Relations Court of South Australia (IRCSA) – appeal against Industrial Magistrate’s decision under s 565 of Fair Work Act 2009 (Cth) – whether Appellant not liable due to Deeds of Settlement entered into by former employees – whether Industrial Magistrate could make order with respect to underpayment – whether Industrial Magistrate should have declined in the exercise of discretion – grounds dismissed. INDUSTRIAL LAW – whether former employee’s employment covered by employee collective agreement rather than Workplace Relations Act 1996 (Cth) award – Agreement contained inconsistent statements as to the persons it covered – Agreement did not define who it applied to – no evidence led to indicate former employee was covered by Agreement – Appellant did not discharge onus – ground dismissed.