Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Plancor Pty Ltd v Liquor Hospitality and Miscellaneous Union [2008] FCAFC 170
INDUSTRIAL LAW – award – breach of clauses of a notional agreement preserving a State award – breach of three clauses – proper approach to fixing penalty – need for consideration of the circumstances of the particular case – importance of deterrence – totality principle – consideration of appropriate recipient of penalty Workplace Relations Act 1996 (Cth), ss 4(1), 8, 717, 717(a)(iv), 718(1), 718(6), 719, 719(2), 719(2)(a), 719(6), 824, 824(2), 841, 853(1), Sch 8 Workplace Relations Amendment (Work Choices) Act 2005 (Cth), s 2(1), Sch 1 Federal Court of Australia Act 1976 (Cth), ss 24(1)(c), 25(5) Acts Interpretation Act 1901 (Cth), ss 26, 26(d) Conciliation and Arbitration Act 1904 (Cth), ss 119, 120 Crimes Act 1914 (Cth), ss 4AA(1), 13 Fair Work Act 1994 (SA), ss 8, 9, 16, 19A(1), 19A(4), 21, 154(1), 154(1)(b), 154(2), 169, 169(1) Magistrates Act 1983 (SA), s 5 LHMU v Plancor Pty Ltd t/as The Meridien Lodge [2008] SAIRC 7 reversed Coles v Elsen Bros Pty Ltd [2007] FMCA 1838 referred to John L Pierce Pty Ltd v Kennedy [2000] FCA 1729 (2000) 104 FCR 225 followed Metropolitan Health Services Board v Australian Nursing Federation [1999] FCA 1513 (1999) 94 FCR 132 not followed Construction, Forestry, Mining and Energy Union and Ors v Clarke [2005] FCA 986 (2005) 144 FCR 226 followed Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith [2008] FCAFC 8 (2008) 165 FCR 560 approved Vehicle Builders' Employees' Federation of Australia v General Motors-Holdens Pty Ltd (1977) 32 FLR 100 referred to Seymour v Stawell Timber Industries Pty Ltd (1985) 9 FCR 241 followed Gibbs v The Mayor, Councillors and Citizens of the City of Altona (1992) 37 FCR 216 referred to CPSU, The Community and Public Sector Union v Telstra Corporation Limited [2001] FCA 1364 (2001) 108 IR 228 disapproved Municipal Officers Association of Australia v City of Bayswater (1987) 22 IR 45 disapproved PLANCOR PTY LTD v LIQUOR HOSPITALITY AND MISCELLANEOUS UNION
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