Registered Organisations Commissioner v Australian Workers' Union (No 2) [2020] FCA 1148

Registered Organisations Commissioner v Australian Workers' Union (No 2) [2020] FCA 1148

Pecuniary penalties totalling $148,100.00 are appropriate in view of the seriousness, duration and deliberate nature of the admitted contraventions of ss 172 and 230 of the FW(RO) Act (and their predecessors), having regard to the principle of deterrence, involvement of senior management, and subsequent steps by the AWU to address contravening conduct. No utility in declaratory relief was demonstrated. The penalties are apportioned among the various breaches and are payable to the Commonwealth.

Jurisdiction
Australia
Judgment Date
12 August 2020
Procedural Posture
Civil Penalty Proceeding / Judgment on Penalty and Orders After Admissions
Outcome
Pecuniary penalties imposed. No declaratory relief. No order as to costs.
Legal Topics
['registered Organisations' 'membership Records' 'pecuniary Penalties' 'civil Penalties' 'administrative Obligations' 'deterrence']
['industrial Law' 'employment Law'] ['registered Organisations' 'membership Records' 'pecuniary Penalties' 'civil Penalties' 'administrative Obligations' 'deterrence']

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Procedural Posture

Civil Penalty Proceeding / Judgment on Penalty and Orders After Admissions

Legal Issues

  1. 1 ['What pecuniary penalties are appropriate for admitted contraventions of ss 172 and 230 of the Fair Work (Registered Organisations) Act 2009 (Cth) and equivalent provisions?' 'Was the conduct engaged in by or with the imprimatur of senior management?' 'Should the penalty be increased in light of the seriousness and period of the conduct?' 'Is declaratory relief appropriate in addition to penalties?']

Ratio Decidendi

Pecuniary penalties totalling $148,100.00 are appropriate in view of the seriousness, duration and deliberate nature of the admitted contraventions of ss 172 and 230 of the FW(RO) Act (and their predecessors), having regard to the principle of deterrence, involvement of senior management, and subsequent steps by the AWU to address contravening conduct. No utility in declaratory relief was demonstrated. The penalties are apportioned among the various breaches and are payable to the Commonwealth.

Court Disposition

Pecuniary penalties imposed. No declaratory relief. No order as to costs.

Orders

  • ['The first respondent pay pecuniary penalties totalling $148,100.00.' 'The penalties referred to above be paid to the Commonwealth within 28 days.' 'There be no order as to costs.']