Health Services Union v Specialist Diagnostic Services Pty Ltd [2012] FCA 1095

Health Services Union v Specialist Diagnostic Services Pty Ltd [2012] FCA 1095

Given admitted breaches of the certified agreement relating to required consultation and information about employment terminations, and the breaches arising from a single course of conduct, the Court concluded a single contravention had occurred under item 2 of Schedule 16 of the Transitional Act and s 557 of the Fair Work Act. The agreed penalty of $12,000, taking account of minor scale, cooperation, absence of adverse effects, and history, was found appropriate and ordered to be paid to the applicant union.

Parties
Applicant: Health Services Union; First Respondent: Specialist Diagnostic Services Pty Ltd; Second Respondent: Jenny Fraumano
Jurisdiction
Australia
Judgment Date
27 September 2012
Procedural Posture
Civil / Final Judgment
Outcome
Penalty imposed, claims against second respondent discontinued, proceedings otherwise dismissed
Legal Topics
Employment Termination, Breach of Certified Agreement, Redundancy, Consultation Obligations, Industrial Instruments
Industrial Law Employment Termination Breach of Certified Agreement Redundancy Consultation Obligations Industrial Instruments

Case Brief

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Parties

Health Services Union

Applicant

Specialist Diagnostic Services Pty Ltd

First Respondent

Jenny Fraumano

Second Respondent

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether Specialist Diagnostic Services Pty Ltd breached consultation and information requirements under the Mayne Health Dorevitch Pathology Certified Agreement 2004 during employment terminations consequent upon a business purchase
  2. 2 Whether such breaches constitute a single contravention under s 557 of the Fair Work Act 2009 (Cth)
  3. 3 Appropriateness of the agreed penalty and proper exercise of discretion

Ratio Decidendi

Given admitted breaches of the certified agreement relating to required consultation and information about employment terminations, and the breaches arising from a single course of conduct, the Court concluded a single contravention had occurred under item 2 of Schedule 16 of the Transitional Act and s 557 of the Fair Work Act. The agreed penalty of $12,000, taking account of minor scale, cooperation, absence of adverse effects, and history, was found appropriate and ordered to be paid to the applicant union.

Court Disposition

Penalty imposed, claims against second respondent discontinued, proceedings otherwise dismissed

Orders

  • Proceedings against Second Respondent discontinued with no order as to costs
  • First Respondent to pay pecuniary penalty of $12,000