Registered Organisations Commissioner v Australian Nursing and Midwifery Federation (No 2) [2018] FCA 2004

Registered Organisations Commissioner v Australian Nursing and Midwifery Federation (No 2) [2018] FCA 2004

The penalties agreed between the Commissioner and ANMF, with respect to three distinct reporting periods, are appropriate having regard to admitted contraventions and relevant penalty assessment principles. For Mark Olson, a penalty of $6,630 is imposed based on seriousness, duration, increases in maximum penalty during the period, and need for specific and general deterrence. Corrective measures since 2013 and expressions of regret do not warrant further reduction.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Civil Enforcement Proceeding / Penalty Determination/final Orders
Outcome
Declarations and orders made as proposed; penalties imposed as agreed for ANMF and as determined for Mr Olson.
Legal Topics
['contraventions of Reporting Obligations' 'civil Penalties' 'compliance With Statutory Reporting' 'course of Conduct Principle' 'totality Principle' 'general and Specific Deterrence']
['industrial Law' 'employment Law'] ['contraventions of Reporting Obligations' 'civil Penalties' 'compliance With Statutory Reporting' 'course of Conduct Principle' 'totality Principle' 'general and Specific Deterrence']

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Procedural Posture

Civil Enforcement Proceeding / Penalty Determination/final Orders

Legal Issues

  1. 1 ['What penalty should be imposed for admitted contraventions of ss 253(1), 265(5), 266(1), and 285(1) of the Fair Work (Registered Organisations) Act 2009?' 'Should penalties be imposed as agreed between the applicants and ANMF?' "How should the penalty for Mark Olson's contravention be assessed given increases in maximum penalty units over time?"]

Ratio Decidendi

The penalties agreed between the Commissioner and ANMF, with respect to three distinct reporting periods, are appropriate having regard to admitted contraventions and relevant penalty assessment principles. For Mark Olson, a penalty of $6,630 is imposed based on seriousness, duration, increases in maximum penalty during the period, and need for specific and general deterrence. Corrective measures since 2013 and expressions of regret do not warrant further reduction.

Court Disposition

Declarations and orders made as proposed; penalties imposed as agreed for ANMF and as determined for Mr Olson.

Orders

  • ['ANMF to pay $4,400 for contraventions from 2009-10 reporting period.' 'ANMF to pay $4,400 for contraventions from 2010-11 reporting period.' 'ANMF to pay $20,450 for contraventions from 2011-12 reporting period.' 'Mark Olson to pay $6,630 penalty for contravention as secretary of WA Branch.' 'All penalties to be...