Fair Work Ombudsman v Ramsey Food Processing Pty Ltd (No 2) [2012] FCA 408

Fair Work Ombudsman v Ramsey Food Processing Pty Ltd (No 2) [2012] FCA 408

Penalties are to be imposed for three contraventions corresponding to three forms of obligation (notice of termination, severance pay, annual leave), each arising from a course of conduct, with separate penalties for each respondent reflecting their respective roles, seriousness and individual culpability. The penalties fixed are commensurate to the seriousness but stop short of the statutory maximum.

Jurisdiction
Australia
Judgment Date
20 April 2012
Procedural Posture
Civil Penalty Proceeding / Penalty Judgment Following Liability Determination
Outcome
Penalty orders made against both respondents.
Legal Topics
['breach of Workplace Relations Act 1996' 'breach of Industrial Award' 'failure to Pay Employee Entitlements' 'penalties Under Industrial Law' 'accessory Liability']
['industrial Law'] ['breach of Workplace Relations Act 1996' 'breach of Industrial Award' 'failure to Pay Employee Entitlements' 'penalties Under Industrial Law' 'accessory Liability']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Penalty Proceeding / Penalty Judgment Following Liability Determination

Legal Issues

  1. 1 ['What is the appropriate penalty to impose for contraventions of the Workplace Relations Act 1996 and the Federal Meat Industry (Processing) Award 2000?' 'Should the breaches be treated as arising from a single or multiple courses of conduct under s 719(2) of the Workplace Relations Act 1996?']

Ratio Decidendi

Penalties are to be imposed for three contraventions corresponding to three forms of obligation (notice of termination, severance pay, annual leave), each arising from a course of conduct, with separate penalties for each respondent reflecting their respective roles, seriousness and individual culpability. The penalties fixed are commensurate to the seriousness but stop short of the statutory maximum.

Court Disposition

Penalty orders made against both respondents.

Orders

  • ['Ramsey Food Processing Pty Ltd pay to the Commonwealth monetary penalties in the amount of $96,000 within 14 days of this judgment.' 'Stuart Ramsey pay to the Commonwealth monetary penalties in the amount of $19,200 within 14 days of this judgment.']