Retail and Fast Food Workers Union Incorporated v Tantex Holdings Pty Ltd (No 2) [2020] FCA 1644

Retail and Fast Food Workers Union Incorporated v Tantex Holdings Pty Ltd (No 2) [2020] FCA 1644

Tantex Holdings Pty Ltd contravened the Fair Work Act 2009 (Cth) by failing to provide paid drink breaks in accordance with the McDonald's Australia Enterprise Agreement 2013 and by making reckless and coercive Facebook posts that misrepresented employee rights and threatened the exercise of workplace rights. The systemic and sustained nature of the breaches, demonstrated managerial failure, and the exploitation of power imbalances justified substantial pecuniary penalties, with mitigating considerations for apologies, compensation, adverse publicity, and absence of prior contraventions. Penalties for the s 50 contraventions are imposed as one course of conduct; separate penalties are...

Parties
First Applicant: Retail and Fast Food Workers Union Incorporated; Second Applicant: Chiara Staines; Respondent: Tantex Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
13 November 2020
Procedural Posture
Civil Penalty Proceeding / Penalty Judgment Following Liability Judgment
Outcome
Pecuniary penalties imposed for contraventions of the Fair Work Act 2009 (Cth), with allocations for payment to the applicants.
Legal Topics
Civil Penalties, Enterprise Agreements, Workplace Rights, Work Breaks, False and Misleading Representations, Coercion, Facebook Communication With Employees
Employment and Industrial Relations Civil Penalties Enterprise Agreements Workplace Rights Work Breaks False and Misleading Representations Coercion Facebook Communication With Employees

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Parties

Retail and Fast Food Workers Union Incorporated

First Applicant

Chiara Staines

Second Applicant

Tantex Holdings Pty Ltd

Respondent

Procedural Posture

Civil Penalty Proceeding / Penalty Judgment Following Liability Judgment

Legal Issues

  1. 1 What civil penalties should be imposed for contraventions of the Fair Work Act 2009 (Cth)
  2. 2 Whether penalties should be paid to the applicants
  3. 3 Whether particular contraventions constituted a single course of conduct for penalty calculation

Ratio Decidendi

Tantex Holdings Pty Ltd contravened the Fair Work Act 2009 (Cth) by failing to provide paid drink breaks in accordance with the McDonald's Australia Enterprise Agreement 2013 and by making reckless and coercive Facebook posts that misrepresented employee rights and threatened the exercise of workplace rights. The systemic and sustained nature of the breaches, demonstrated managerial failure, and the exploitation of power imbalances justified substantial pecuniary penalties, with mitigating considerations for apologies, compensation, adverse publicity, and absence of prior contraventions. Penalties for the s 50 contraventions are imposed as one course of conduct; separate penalties are...

Court Disposition

Pecuniary penalties imposed for contraventions of the Fair Work Act 2009 (Cth), with allocations for payment to the applicants.

Orders

  • Respondent to pay a pecuniary penalty of $30,000.00 for contravention of s 50 FWA.
  • Of the above penalty, $10,000.00 to be paid to the second applicant and the balance to the first applicant.