Fair Work Ombudsman v Maritime Union of Australia (No 2) [2015] FCA 814

Fair Work Ombudsman v Maritime Union of Australia (No 2) [2015] FCA 814

The deliberate and vengeful conduct by senior officials of the union, targeting lawful employee conduct, represented a serious contravention of s 346 of the Fair Work Act. Specific and general deterrence required the imposition of substantial penalties on both the union and Mr Tracey. Compensation for emotional distress and fear caused was warranted in significant sums. There was no unreasonable conduct in the respondents’ defence and thus no order for costs.

Jurisdiction
Australia
Judgment Date
11 August 2015
Procedural Posture
Civil Penalty Proceeding / Penalty, Compensation and Costs Judgment
Outcome
Pecuniary penalties and compensation ordered; no order as to costs.
Legal Topics
['adverse Action' 'industrial Action' 'union Conduct' 'workplace Rights' 'emotional Distress Damages' 'penalties' 'compensation Under Fair Work Act' 'costs Under Fair Work Act']
['industrial Law'] ['adverse Action' 'industrial Action' 'union Conduct' 'workplace Rights' 'emotional Distress Damages' 'penalties' 'compensation Under Fair Work Act' 'costs Under Fair Work Act']

Case Brief

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Procedural Posture

Civil Penalty Proceeding / Penalty, Compensation and Costs Judgment

Legal Issues

  1. 1 ['What should be the appropriate penalties for the respondents’ contraventions of s 346 of the Fair Work Act 2009 (Cth)?' 'Is compensation payable and in what quantum to the five named employees for emotional distress caused by the contravening conduct?' 'Should the respondents be liable for costs under s 570(2)(b) of the Fair Work Act?']

Ratio Decidendi

The deliberate and vengeful conduct by senior officials of the union, targeting lawful employee conduct, represented a serious contravention of s 346 of the Fair Work Act. Specific and general deterrence required the imposition of substantial penalties on both the union and Mr Tracey. Compensation for emotional distress and fear caused was warranted in significant sums. There was no unreasonable conduct in the respondents’ defence and thus no order for costs.

Court Disposition

Pecuniary penalties and compensation ordered; no order as to costs.

Orders

  • ['Maritime Union of Australia to pay $80,000 pecuniary penalty for five contraventions of s 346(c) Fair Work Act 2009 (Cth).' 'William Tracey to pay $15,000 pecuniary penalty for five contraventions of s 346(c) Fair Work Act.' 'Penalties to be paid into Commonwealth of Australia Consolidated Revenue Fund within 28...