Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 1942

Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 1942

A single penalty of $38,000 is appropriate for the respondent’s contraventions of s 417(1) of the Fair Work Act 2009 (Cth), as both contraventions arose from a single course of conduct, and imposing multiple penalties would risk double punishment contrary to both statute and the course of conduct principle.

Jurisdiction
Australia
Judgment Date
21 November 2019
Procedural Posture
Civil Penalty Proceeding / Remitted Penalty Determination Following Full Court Appeal
Outcome
Single pecuniary penalty imposed for contraventions arising from a single course of conduct.
Legal Topics
['pecuniary Penalties' 'course of Conduct Principle' 'double Punishment' 'construction of Fair Work Act Provisions']
['industrial Law' 'employment Law'] ['pecuniary Penalties' 'course of Conduct Principle' 'double Punishment' 'construction of Fair Work Act Provisions']

Case Brief

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Procedural Posture

Civil Penalty Proceeding / Remitted Penalty Determination Following Full Court Appeal

Legal Issues

  1. 1 ['Whether a single or multiple pecuniary penalties should be imposed for contraventions arising from a single course of conduct under the Fair Work Act 2009 (Cth)' 'Construction and application of s 557(1) and s 557(3) of the Fair Work Act 2009 (Cth)']

Ratio Decidendi

A single penalty of $38,000 is appropriate for the respondent’s contraventions of s 417(1) of the Fair Work Act 2009 (Cth), as both contraventions arose from a single course of conduct, and imposing multiple penalties would risk double punishment contrary to both statute and the course of conduct principle.

Court Disposition

Single pecuniary penalty imposed for contraventions arising from a single course of conduct.

Orders

  • ['The respondent pay a pecuniary penalty of $38,000 in respect of its contraventions of s 417(1) of the Fair Work Act 2009 (Cth).' 'The penalty be paid to the Commonwealth within 28 days of the date of these orders.']