Rocky Holdings Pty Limited v Fair Work Ombudsman [2014] FCAFC 62

Rocky Holdings Pty Limited v Fair Work Ombudsman [2014] FCAFC 62

Section 557 of the Fair Work Act 2009 (Cth) operates such that multiple breaches of separate obligations within the National Employment Standards or a modern award (e.g. different terms or provisions) arising out of the same course of conduct are treated as separate contraventions; the primary judge was correct in imposing penalties for each obligation breached, not as a single penalty per section breached. The appeal is therefore dismissed.

Parties
First Appellant: Rocky Holdings Pty Limited; Second Appellant: Dr Ahmed Mohamed; Respondent: Fair Work Ombudsman
Jurisdiction
Australia
Judgment Date
27 May 2014
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court
Outcome
Appeal dismissed
Legal Topics
Civil Penalty Provisions, Construction of S 557 Fair Work Act, Multiple Contraventions, National Employment Standards, Modern Awards
Industrial Law Civil Penalty Provisions Construction of S 557 Fair Work Act Multiple Contraventions National Employment Standards Modern Awards

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Parties

Rocky Holdings Pty Limited

First Appellant

Dr Ahmed Mohamed

Second Appellant

Fair Work Ombudsman

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court

Legal Issues

  1. 1 Proper construction of s 557 of the Fair Work Act 2009 (Cth) regarding whether multiple contraventions arising from the same course of conduct must be treated as a single contravention for penalty purposes
  2. 2 Whether penalties should be imposed per provision/term breached or for all breaches collectively under ss 44(1) and 45

Ratio Decidendi

Section 557 of the Fair Work Act 2009 (Cth) operates such that multiple breaches of separate obligations within the National Employment Standards or a modern award (e.g. different terms or provisions) arising out of the same course of conduct are treated as separate contraventions; the primary judge was correct in imposing penalties for each obligation breached, not as a single penalty per section breached. The appeal is therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.