List member Tim Donaghey has prepared the following case note the PDF is now available for download below.
The Fair Work Ombudsman (also ‘FWO’) applied for declarations and the imposition of penalties in respect of allegations of ‘sham contracting’ pursuant to sections 357 and 358 of the Fair Work Act 2009 (Cth) (‘FW Act’). The application was initially made against an operator of serviced apartments in Western Australia, Quest South Perth Holdings Pty Ltd (‘Quest’) and other respondents.