Association of Professional Engineers, Scientists and Managers Australia v Bulga Underground Operations Pty Ltd (No 2) [2020] FCA 812

Association of Professional Engineers, Scientists and Managers Australia v Bulga Underground Operations Pty Ltd (No 2) [2020] FCA 812

Given the contravention arose from a genuine but erroneous belief about the calculation of entitlements, was not intentional or flagrant, and was remedied by Bulga, but due to insufficient attention to legal requirements and the need to maintain compliance, a modest pecuniary penalty of $10,000.00 is appropriate.

Parties
First Applicant: Association of Professional Engineers, Scientists and Managers Australia; Second Applicant: John Mayhew; Respondent: Bulga Underground Operations Pty Ltd
Jurisdiction
Australia
Judgment Date
11 June 2020
Procedural Posture
Civil Penalty Application / Penalty Determination Following Liability Judgment
Outcome
Pecuniary penalty imposed on respondent
Legal Topics
Civil Penalty, Fair Work Act S 323, Long Service Leave, Calculation of Employee Entitlements, Pecuniary Penalty
Industrial Law Employment Law Civil Penalty Fair Work Act S 323 Long Service Leave Calculation of Employee Entitlements Pecuniary Penalty

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Association of Professional Engineers, Scientists and Managers Australia

First Applicant

John Mayhew

Second Applicant

Bulga Underground Operations Pty Ltd

Respondent

Procedural Posture

Civil Penalty Application / Penalty Determination Following Liability Judgment

Legal Issues

  1. 1 What is the appropriate pecuniary penalty for Bulga Underground Operations Pty Ltd’s contravention of s 323(1) of the Fair Work Act 2009 (Cth)?

Ratio Decidendi

Given the contravention arose from a genuine but erroneous belief about the calculation of entitlements, was not intentional or flagrant, and was remedied by Bulga, but due to insufficient attention to legal requirements and the need to maintain compliance, a modest pecuniary penalty of $10,000.00 is appropriate.

Court Disposition

Pecuniary penalty imposed on respondent

Orders

  • The respondent pay a pecuniary penalty of $10,000.00 pursuant to s 546(1) Fair Work Act 2009 (Cth).
  • The penalty be paid to the first applicant pursuant to s 546(3)(c) Fair Work Act 2009 (Cth).