Australian Licensed Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd (No 2) [2011] FCA 394

FEDERAL COURT OF AUSTRALIA

Australian Licensed Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd (No 2) [2011] FCA 394 Citation: Australian Licensed Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd (No 2) [2011] FCA 394

Parties: AUSTRALIAN LICENSED AIRCRAFT ENGINEERS ASSOCIATION v INTERNATIONAL AVIATION SERVICE ASSISTANCE PTY LTD

File number: WAD 17 of 2010

Judge: BARKER J

Date of judgment: 20 April 2011

Catchwords: INDUSTRIAL LAW – Calculation of pre-judgment interest on compensation amounts to be awarded under the Fair Work Act 2009 (Cth) INDUSTRIAL LAW – Imposition of pecuniary penalty under section 546 of the Fair Work Act 2009 (Cth) – where contraventions by the respondent are not considered innocent or inadvertent – consideration of relevant matters to be regarded in exercising discretion to impose pecuniary penalty – where adverse actions treated as one distinct course of action for penalty purposes – where respondent not previously found to have engaged in conduct in breach of freedom of association provisions – where consequences of conduct severe INDUSTRIAL LAW – Whether costs should be awarded under section 570 of the Fair Work Act 2009 (Cth) – whether costs incurred through the respondent's unreasonable act or omission – whether the act of the respondent in refusing a settlement proposal of the applicant constitutes an unreasonable act

Legislation: Fair Work Act 2009 (Cth) s 340, s 346, s 539, s 546, s 570Crimes Act 1914 (Cth) s 4AAWorkplace Relations Act 1996 (Cth) s 824Workplace Relations Amendment (Work Choices) Act 2005 (Cth)