Mastwyk v Crisp [2011] FCA 349

Mastwyk v Crisp [2011] FCA 349

The Court made the agreed declarations and imposed the agreed penalties because the respondents admitted contraventions of the Workplace Relations Act 1996 (Cth), the AWA offers and dismissals could appropriately be treated as single courses of conduct for penalty purposes, and the agreed penalties were within the permissible range having regard to the seriousness of the contraventions, mitigating factors, totality and the substantial penalties imposed across the respondents.

Jurisdiction
Australia
Judgment Date
01 April 2011
Procedural Posture
Application for Declarations and Civil Penalties for Breaches of the Workplace Relations Act 1996 (cth) / Judgment on Agreed Facts, Admitted Contraventions and Agreed Penalties
Outcome
Declarations made and civil penalties imposed in the agreed terms; the application otherwise dismissed.
Legal Topics
['australian Workplace Agreements' 'duress in Connection With an Awa' 'prohibited Reason Dismissal' 'accessorial Liability' 'single Course of Conduct Principle' 'agreed Penalties']
['employment and Industrial Law' 'civil Penalties'] ['australian Workplace Agreements' 'duress in Connection With an Awa' 'prohibited Reason Dismissal' 'accessorial Liability' 'single Course of Conduct Principle' 'agreed Penalties']

Case Brief

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Procedural Posture

Application for Declarations and Civil Penalties for Breaches of the Workplace Relations Act 1996 (cth) / Judgment on Agreed Facts, Admitted Contraventions and Agreed Penalties

Legal Issues

  1. 1 ['Whether the respondents contravened s 400(5) of the Workplace Relations Act 1996 (Cth) by applying duress to employees in connection with an Australian Workplace Agreement.' 'Whether Mechanical Engineering Services Pty Ltd contravened s 792(1)(a) of the Workplace Relations Act 1996 (Cth) by dismissing employees for reasons including a prohibited reason under s 793(1)(m).' 'Whether Mechanical Engineering Services Pty Ltd and Anthony Gordon Eliott were involved in contraventions by Glenn Anthony Crisp for the purposes of accessorial liability.' 'Whether the admitted multiple contraventions concerning 37 employees should be treated as a single course of conduct for penalty purposes.' 'Whether the penalties agreed by the parties were within the permissible range and were neither manifestly inadequate nor manifestly excessive.']

Ratio Decidendi

The Court made the agreed declarations and imposed the agreed penalties because the respondents admitted contraventions of the Workplace Relations Act 1996 (Cth), the AWA offers and dismissals could appropriately be treated as single courses of conduct for penalty purposes, and the agreed penalties were within the permissible range having regard to the seriousness of the contraventions, mitigating factors, totality and the substantial penalties imposed across the respondents.

Court Disposition

Declarations made and civil penalties imposed in the agreed terms; the application otherwise dismissed.

Orders

  • ['Declared that on or about 15 January 2007 the First Respondent contravened s 400(5) of the Workplace Relations Act 1996 (Cth) in respect of each person listed in the Schedule by conduct relating to an offer of employment with the Second Respondent on terms and conditions prescribed by an Australian Workplace...