Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Case) (No 3) [2023] FCA 1324

Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Case) (No 3) [2023] FCA 1324

The agreed penalties of $250,000 for the Union and $4,000 for Mr Dimitriou fall within an appropriate range considering the need for general and specific deterrence, the Union's record, and prevailing High Court authority, and are therefore imposed.

Parties
Applicant: Fair Work Ombudsman; First Respondent: Construction, Forestry, Maritime, Mining and Energy Union; Second Respondent: Gerasimos Danalis; Third Respondent: Anthony Dimitriou; Fourth Respondent: Anthony Burke
Jurisdiction
Australia
Judgment Date
31 October 2023
Procedural Posture
Civil Penalty Proceeding / Redetermination of Penalties Following Remittal From Appeal
Outcome
Penalties imposed in accordance with parties' agreement
Legal Topics
Contraventions of Fair Work Act Ss 500 and 503, Civil Penalties, Union Conduct, Remittal After Appeal
Industrial Law Employment Law Contraventions of Fair Work Act Ss 500 and 503 Civil Penalties Union Conduct Remittal After Appeal

Case Brief

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Parties

Fair Work Ombudsman

Applicant

Construction, Forestry, Maritime, Mining and Energy Union

First Respondent

Gerasimos Danalis

Second Respondent

Anthony Dimitriou

Third Respondent

Anthony Burke

Fourth Respondent

Procedural Posture

Civil Penalty Proceeding / Redetermination of Penalties Following Remittal From Appeal

Legal Issues

  1. 1 Appropriate penalties for contraventions of ss 500 and 503 of the Fair Work Act 2009 (Cth) by union and officials
  2. 2 Whether agreed penalties reflect appropriate deterrence and proportionality in view of current legal principles

Ratio Decidendi

The agreed penalties of $250,000 for the Union and $4,000 for Mr Dimitriou fall within an appropriate range considering the need for general and specific deterrence, the Union's record, and prevailing High Court authority, and are therefore imposed.

Court Disposition

Penalties imposed in accordance with parties' agreement

Orders

  • The first respondent pay a total penalty of $250,000 in respect of specified contraventions.
  • The third respondent pay a pecuniary penalty of $4,000 in respect of s 500 on 28 November 2018.