Australian Building and Construction Commissioner v Adams [2018] FCA 1520

Australian Building and Construction Commissioner v Adams [2018] FCA 1520

A pecuniary penalty of $1,400 per respondent is reasonable and proportionate for first-time contraventions of s 417(1)(a) of the Fair Work Act 2009 (Cth), considering the need for general deterrence, the absence of evidence of significant loss, and lack of prior contraventions.

Jurisdiction
Australia
Judgment Date
11 June 2018
Procedural Posture
Civil Penalty Proceeding / Penalty Assessment After Liability Found, Remitted After Appeal
Outcome
Pecuniary penalty imposed on each relevant respondent.
Legal Topics
['pecuniary Penalties' 'industrial Action' 'general Deterrence' 'first Offenders' 'penalty Assessment']
['industrial Law' 'employment Law'] ['pecuniary Penalties' 'industrial Action' 'general Deterrence' 'first Offenders' 'penalty Assessment']

Case Brief

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Procedural Posture

Civil Penalty Proceeding / Penalty Assessment After Liability Found, Remitted After Appeal

Legal Issues

  1. 1 ['What is the appropriate pecuniary penalty for contraventions of s 417(1)(a) of the Fair Work Act 2009 (Cth) by the respondents?' 'What factors are relevant to determining penalty in industrial laws breaches by first-time offenders?']

Ratio Decidendi

A pecuniary penalty of $1,400 per respondent is reasonable and proportionate for first-time contraventions of s 417(1)(a) of the Fair Work Act 2009 (Cth), considering the need for general deterrence, the absence of evidence of significant loss, and lack of prior contraventions.

Court Disposition

Pecuniary penalty imposed on each relevant respondent.

Orders

  • ['A penalty of $1,400 is imposed on each of the 1st through 44th and 46th through to 76th respondents for contravening s 417(1)(a) of the Fair Work Act 2009 (Cth).' 'Penalties are to be paid to the Commonwealth.']