Maritime Union of Australia v Fair Work Ombudsman [2016] FCAFC 102

FEDERAL COURT OF AUSTRALIA

Maritime Union of Australia v Fair Work Ombudsman [2016] FCAFC 102 Appeal from: Fair Work Ombudsman v Maritime Union of Australia [2014] FCA 440; (2014) 243 IR 312 Fair Work Ombudsman v Maritime Union of Australia (No 2) [2015] FCA 814; (2015) 252 IR 101

File number: WAD 483 of 2015

Judges: TRACEY, BUCHANAN AND BROMBERG JJ

Date of judgment: 11 August 2016

Catchwords: INDUSTRIAL LAW – parties negotiating enterprise agreement – strike action taken – some employees continued to work during strike action – appellants published a poster naming five such employees "scabs" – primary judge found appellants contravened s 346(c) of the Fair Work Act 2009 (Cth) ("FW Act") – whether primary judge erred in finding the employees were prejudiced, directly or indirectly, in their employment – findings made by primary judge provide more than adequate support that prejudice occurred in their employment – whether compensation awarded by primary judge failed to differentiate between the employees – whether compensation was manifestly excessive – no error in compensation awarded by primary judge – whether penalties imposed by primary judge were manifestly excessive, involving "double punishment" – no error in penalties imposed by primary judge

Legislation: Fair Work Act 2009 (Cth), ss 340, 342, 342(1) Item 1(b), Item 1(c), Item 7(b), 342(2)(b), 346, 346(c), 351(1), 545(2)(b) Occupational Health and Safety Act 1985 (Vic) Sentencing Act 1991 (Vic), ss 85A, 85B, 85H(1) Trade Practices Act 1974 (Cth), s 52 Workplace Relations Act 1996 (Cth), s 298K(1)