Fair Work Ombudsman v Skilled Offshore (Australia) Pty Ltd [2015] FCA 275

Fair Work Ombudsman v Skilled Offshore (Australia) Pty Ltd [2015] FCA 275

The MUA deliberately and seriously contravened the WR Act and the FW Act by denying Bruce Love and Lynne Love employment and union membership on prohibited grounds, causing substantial loss. The gravity, duration, lack of contrition, involvement of senior management, and past conduct warranted a significant penalty. Compensation should restore the Loves as far as possible for lost income, discounted for contingencies and averaged between two calculation methods. The first respondent, though less culpable, must contribute one-third to compensation based on relative culpability and causation.

Jurisdiction
Australia
Judgment Date
27 March 2015
Procedural Posture
Civil Penalty and Compensation Proceedings / Determination of Penalty and Compensation Following Liability Findings
Outcome
Penalties and compensation awarded; orders made regarding apportionment and future liberty to apply as to interest and costs.
Legal Topics
['imposition of Civil Penalties' 'compensation for Loss of Income' 'unlawful Adverse Action' 'freedom of Association' 'contribution and Apportionment Between Respondents']
['industrial Law' 'employment Law'] ['imposition of Civil Penalties' 'compensation for Loss of Income' 'unlawful Adverse Action' 'freedom of Association' 'contribution and Apportionment Between Respondents']

Case Brief

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Procedural Posture

Civil Penalty and Compensation Proceedings / Determination of Penalty and Compensation Following Liability Findings

Legal Issues

  1. 1 ['What is the appropriate penalty to impose on the second respondent (MUA) for its contraventions of the Workplace Relations Act 1996 (Cth) and the Fair Work Act 2009 (Cth)?' 'What is the appropriate amount of compensation to order in favour of Bruce Love and Lynne Love for the loss suffered as a result of these contraventions?' 'Should there be any order for contribution between the respondents in relation to the compensation?']

Ratio Decidendi

The MUA deliberately and seriously contravened the WR Act and the FW Act by denying Bruce Love and Lynne Love employment and union membership on prohibited grounds, causing substantial loss. The gravity, duration, lack of contrition, involvement of senior management, and past conduct warranted a significant penalty. Compensation should restore the Loves as far as possible for lost income, discounted for contingencies and averaged between two calculation methods. The first respondent, though less culpable, must contribute one-third to compensation based on relative culpability and causation.

Court Disposition

Penalties and compensation awarded; orders made regarding apportionment and future liberty to apply as to interest and costs.

Orders

  • ['A penalty of $79,200.00 is imposed on the second respondent (MUA) for contraventions of the WR Act and FW Act.' 'The second respondent (MUA) is to pay $352,100.00 to Bruce Love and $371,200.00 to Lynne Love.' 'The first respondent (Skilled Offshore) to pay the second respondent (MUA) one-third of the sums in order...