Mining and Energy Union v BM Alliance Coal Operations Pty Ltd (No 4) [2023] FCA 1592

Mining and Energy Union v BM Alliance Coal Operations Pty Ltd (No 4) [2023] FCA 1592

A total penalty of $80,000 is appropriate for the respondent's two contraventions of s 340 of the Fair Work Act 2009 (Cth), as they arose out of a single course of conduct that was deliberate, undermined workplace health and safety, and required deterrence. Compensation of $15,000 is appropriate to Ms Star for non-economic loss proved by her evidence, as directly caused by the contravening conduct.

Parties
Applicant: Mining and Energy Union; Respondent: BM Alliance Coal Operations Pty Ltd
Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Civil / Determination of Penalty and Compensation Following Liability Judgment
Outcome
Pecuniary penalty and compensation awarded; no order as to costs.
Legal Topics
Assessment of Pecuniary Penalties, Workplace Rights, Adverse Action, Compensation for Non Economic Loss, Safety at a Mine
Industrial Law Employment Law Assessment of Pecuniary Penalties Workplace Rights Adverse Action Compensation for Non Economic Loss Safety at a Mine

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Parties

Mining and Energy Union

Applicant

BM Alliance Coal Operations Pty Ltd

Respondent

Procedural Posture

Civil / Determination of Penalty and Compensation Following Liability Judgment

Legal Issues

  1. 1 What is the appropriate amount of pecuniary penalty to impose for contraventions of s 340 of the Fair Work Act 2009 (Cth)?
  2. 2 What is the appropriate amount of compensation for non-economic loss pursuant to s 545 of the Fair Work Act 2009 (Cth)?

Ratio Decidendi

A total penalty of $80,000 is appropriate for the respondent's two contraventions of s 340 of the Fair Work Act 2009 (Cth), as they arose out of a single course of conduct that was deliberate, undermined workplace health and safety, and required deterrence. Compensation of $15,000 is appropriate to Ms Star for non-economic loss proved by her evidence, as directly caused by the contravening conduct.

Court Disposition

Pecuniary penalty and compensation awarded; no order as to costs.

Orders

  • Respondent to pay pecuniary penalties totalling $80,000 to the applicant within 30 days.
  • Respondent to pay compensation totalling $15,000 to Ms Kim Star within 30 days.