Australasian Meat Industry Employees Union v Dick Stone Pty Ltd (No 2) [2022] FCA 1263

Australasian Meat Industry Employees Union v Dick Stone Pty Ltd (No 2) [2022] FCA 1263

Penalties totalling $93,000 are appropriate for the contraventions of minimum standards under the Fair Work Act 2009 (Cth), given the prolonged deliberate breaches, lack of contrition or insight by the employer, and the need for both specific and general deterrence. The penalties are not oppressive or disproportionate in light of legislative purpose and circumstances.

Jurisdiction
Australia
Judgment Date
28 October 2022
Procedural Posture
Civil / Penalty and Compensation Determination After Liability Judgment
Outcome
Penalties imposed for five contraventions; penalties to be paid to first applicant (Union); compensation and superannuation issues settled; parties permitted to pursue costs application.
Legal Topics
['penalties for Contravention of Fair Work Act' 'employment Standards' 'award Entitlements' 'civil Remedy Provisions Under Fair Work Act']
['employment and Industrial Relations' 'industrial Law'] ['penalties for Contravention of Fair Work Act' 'employment Standards' 'award Entitlements' 'civil Remedy Provisions Under Fair Work Act']

Case Brief

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Procedural Posture

Civil / Penalty and Compensation Determination After Liability Judgment

Legal Issues

  1. 1 ['Should penalties be imposed for contraventions of ss 44 and 45 of Fair Work Act 2009 (Cth)?' 'Should multiple contraventions be grouped and treated as a single contravention?' 'What amounts should be imposed as penalties for the breaches?']

Ratio Decidendi

Penalties totalling $93,000 are appropriate for the contraventions of minimum standards under the Fair Work Act 2009 (Cth), given the prolonged deliberate breaches, lack of contrition or insight by the employer, and the need for both specific and general deterrence. The penalties are not oppressive or disproportionate in light of legislative purpose and circumstances.

Court Disposition

Penalties imposed for five contraventions; penalties to be paid to first applicant (Union); compensation and superannuation issues settled; parties permitted to pursue costs application.

Orders

  • ['Respondent to pay $30,000 penalty for contravening s 44 (excess hours).' 'Respondent to pay $3,000 penalty for contravening s 44 (failure to provide Fair Work Information Statement).' 'Respondent to pay $20,000 penalty for contravening s 45 (failure to pay overtime rates).' 'Respondent to pay $25,000 penalty for...