Kelly v Fitzpatrick [2007] FCA 1080

Kelly v Fitzpatrick [2007] FCA 1080

Penalties should be imposed on the first respondent for six breaches of the Transport Workers Award 1998; penalty quantum determined in light of the relevant considerations outlined, repeated breaches, loss caused, respondents’ conduct, contrition and corrective action, totality principle, and statutory maximums; penalties to be paid to the Commonwealth.

Jurisdiction
Australia
Judgment Date
27 July 2007
Procedural Posture
Workplace Relations Penalty Application / Penalty Hearing; Final Determination
Outcome
Penalties imposed on first respondent; Commonwealth to receive payment.
Legal Topics
['underpayment of Wages' 'penalties for Breach of Industrial Award' 'transport Workers Award 1998' 'application of Penalties Under Workplace Relations Act']
['employment Law' 'industrial Relations'] ['underpayment of Wages' 'penalties for Breach of Industrial Award' 'transport Workers Award 1998' 'application of Penalties Under Workplace Relations Act']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Workplace Relations Penalty Application / Penalty Hearing; Final Determination

Legal Issues

  1. 1 ['Whether penalties should be imposed for admitted contraventions of the Transport Workers Award 1998' 'How the penalty should be determined for multiple breaches arising out of a single course of conduct' 'Whether penalties should be imposed solely on the first respondent or jointly on both respondents' 'Whether penalties should be paid to the Commonwealth']

Ratio Decidendi

Penalties should be imposed on the first respondent for six breaches of the Transport Workers Award 1998; penalty quantum determined in light of the relevant considerations outlined, repeated breaches, loss caused, respondents’ conduct, contrition and corrective action, totality principle, and statutory maximums; penalties to be paid to the Commonwealth.

Court Disposition

Penalties imposed on first respondent; Commonwealth to receive payment.

Orders

  • ['First respondent pay the Commonwealth $400 for breach of clause 15.1.' 'First respondent pay the Commonwealth $1600 for breach of clause 12.5.' 'First respondent pay the Commonwealth $1400 for breach of clause 37.2.' 'First respondent pay the Commonwealth $40 for breach of clause 33.2.1.' 'First respondent pay the...