Fair Work Ombudsman v Maritime Union of Australia [2012] FCA 1232

Fair Work Ombudsman v Maritime Union of Australia [2012] FCA 1232

The proposed penalties are appropriate and within the permissible range, having regard to the admitted contraventions of s 417(1) of the Fair Work Act 2009 (Cth), the circumstances of the strike, the conduct of the respondents, the objectives of deterrence and proportional punishment, and principles regarding agreed penalties in regulatory proceedings.

Parties
Applicant: Fair Work Ombudsman; First Respondent: Maritime Union of Australia; Second Respondent: William Tracey
Jurisdiction
Australia
Judgment Date
31 October 2012
Procedural Posture
Civil Penalty Proceeding / Penalty Determination; Final Judgment
Outcome
Monetary penalties imposed as agreed; no order as to costs.
Legal Topics
Unlawful Industrial Action, Penalties for Industrial Action, Enterprise Agreements, Agreed Penalties
Industrial Law Unlawful Industrial Action Penalties for Industrial Action Enterprise Agreements Agreed Penalties

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Parties

Fair Work Ombudsman

Applicant

Maritime Union of Australia

First Respondent

William Tracey

Second Respondent

Procedural Posture

Civil Penalty Proceeding / Penalty Determination; Final Judgment

Legal Issues

  1. 1 Whether the respondents organised unlawful industrial action in contravention of s 417(1) of the Fair Work Act 2009 (Cth)
  2. 2 What penalties are appropriate for the admitted contraventions of s 417(1)

Ratio Decidendi

The proposed penalties are appropriate and within the permissible range, having regard to the admitted contraventions of s 417(1) of the Fair Work Act 2009 (Cth), the circumstances of the strike, the conduct of the respondents, the objectives of deterrence and proportional punishment, and principles regarding agreed penalties in regulatory proceedings.

Court Disposition

Monetary penalties imposed as agreed; no order as to costs.

Orders

  • A monetary penalty of $13,200 imposed on the first respondent for contravention of s 417(1) of the Fair Work Act 2009 (Cth).
  • A monetary penalty of $3,630 imposed on the second respondent for contravention of s 417(1) of the Fair Work Act 2009 (Cth).