Fair Work Ombudsman v Australian Shooting Academy Pty Ltd [2011] FCA 1064

Fair Work Ombudsman v Australian Shooting Academy Pty Ltd [2011] FCA 1064

Respondents contravened civil penalty provisions of the Fair Work Act 2009 in relation to individual flexibility arrangements and adverse action against employees. The penalty imposed reflects the grouping of contraventions by categories, mitigating factors including prompt admission and cooperation, and the need for general deterrence.

Jurisdiction
Australia
Judgment Date
06 September 2011
Procedural Posture
Civil Penalty Proceeding / Penalty Hearing, Orders and Reasons for Judgment
Outcome
Penalties and compensation ordered against respondents; application otherwise dismissed.
Legal Topics
['fair Work Act 2009 Contraventions' 'individual Flexibility Arrangements' 'modern Award Requirements' 'adverse Action' 'coercion' 'undue Influence' 'compensation' 'civil Penalties' 'employment Law']
['industrial Law'] ['fair Work Act 2009 Contraventions' 'individual Flexibility Arrangements' 'modern Award Requirements' 'adverse Action' 'coercion' 'undue Influence' 'compensation' 'civil Penalties' 'employment Law']

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Procedural Posture

Civil Penalty Proceeding / Penalty Hearing, Orders and Reasons for Judgment

Legal Issues

  1. 1 ['Contraventions of Fair Work Act 2009 (Cth) relating to workplace rights and individual flexibility arrangements' 'Whether respondents failed to comply with specific requirements of the Amusement, Events and Recreation Award 2010' "Adverse action and coercion regarding employees' workplace rights" 'Appropriate penalty and compensation for admitted breaches']

Ratio Decidendi

Respondents contravened civil penalty provisions of the Fair Work Act 2009 in relation to individual flexibility arrangements and adverse action against employees. The penalty imposed reflects the grouping of contraventions by categories, mitigating factors including prompt admission and cooperation, and the need for general deterrence.

Court Disposition

Penalties and compensation ordered against respondents; application otherwise dismissed.

Orders

  • ['Australian Shooting Academy Pty Ltd to pay pecuniary penalty of $25,000.00.' 'Michael Joseph Murphy to pay pecuniary penalty of $5,000.00.' 'Penalties to be paid to the Commonwealth Consolidated Revenue Fund within 30 days.' 'Respondents to pay compensation to Mr Swanson in the sum of $7,146.00 (subject to tax and...