Fair Work Ombudsman v Hu [2019] FCAFC 133

FEDERAL COURT OF AUSTRALIA

Fair Work Ombudsman v Hu [2019] FCAFC 133 Appeal from: Fair Work Ombudsman v Hu (No 2) [2018] FCA 1034

File number: QUD 530 of 2018

Judges: FLICK, REEVES AND BROMBERG JJ

Date of judgment: 16 August 2019

Catchwords: INDUSTRIAL LAW – accessorial liability – knowingly involved in – Second and Third Respondents not knowingly involved in contraventions of s 45 Fair Work Act 2009 (Cth) PRACTICE AND PROCEDURE – appeal in the nature of a re-hearing – departure from findings of fact made by primary Judge

Legislation: Fair Work Act 2009 (Cth) ss 45 - 49, 134, 138, 550, Workplace Relations Act 1996 (Cth) ss 45, 576A, Pt 10A Horticulture Award 2010 cll 10, 14, 15, 16, 22, 23, 24, 28, Schs A, C, D

Cases cited: Australian Securities and Investments Commission v Hellicar [2012] HCA 17, (2012) 247 CLR 345 Blatch v Archer (1774) 1 Cowp 63, (1774) 98 ER 969 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833, (2001) 117 FCR 424 Commissioner of Taxation v Amway of Australia Ltd [2004] FCAFC 273, (2004) 141 FCR 40 Cooper Brookes (Wollongong) Pty Ltd v The Commissioner of Taxation (1981) 147 CLR 297 Ezy Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134, (2018) 282 IR 86 Fair Work Ombudsman v Devine Marine Group Pty Ltd [2014] FCA 1365 Fair Work Ombudsman v Hu (No 2) [2018] FCA 1034 Jones v Dunkel (1959) 101 CLR 298 Lek v Minister for Immigration, Local Government and Ethnic Affairs (1993) 43 FCR 100 Marku v Minister for Justice [2015] FCA 831, (2015) 237 FCR 580 National Retail Association v Fair Work Commission and Another (2014) 225 FCR 154 Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees Union (No 2) [2016] FCA 2 The Legal Practitioner v Council of the Law Society of the ACT [2015] ACTCA 20 United Group Resources Pty Ltd v Calabro (No 5) [2011] FCA 1408, (2011) 198 FCR 514 Award Modernisation – Decision [2009] AIRCFB 345 Decision [2009] AIRCFB 966