Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Kentwood Industries Pty Ltd (No 3) [2011] FCA 579 Citation: Fair Work Ombudsman v Kentwood Industries Pty Ltd (No 3) [2011] FCA 579
Parties: FAIR WORK OMBUDSMAN v KENTWOOD INDUSTRIES PTY LTD (ACN 086 269 794) and JIAN YANG ZHANG
File number: WAD 127 of 2009
Judge: MCKERRACHER J
Date of judgment: 31 May 2011
Catchwords: INDUSTRIAL LAW – pecuniary penalty – assessment of penalty – approach to determining penalty – factors relevant to determining appropriate penalty – breaches of several terms of award – contraventions of Workplace Relations Act 1996 (Cth) – underpayment of employees – whether multiple contraventions should be treated as a single contravention – whether the contraventions arose out of one course of conduct – whether the contraventions can be grouped into categories – assessing the different levels of seriousness of breach – application of totality principle – Workplace Relations Act 1996 (Cth), s 719 – payment of outstanding wages – interest on outstanding wages – declaratory relief
Legislation: Crimes Act 1914 (Cth) s 4AA Workplace Relations Act 1996 (Cth) ss 182, 182(1), 189, 189(1), 189(2), 235, 235(2), 719(6), 722, 728, 824, 841 Federal Court Rules O 35 r 8
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 2) (2010) 199 IR 373 Australian Licensed Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd (No 2) [2011] FCA 394 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 Australian Securities and Investments Commission v FUELbanc Australia Ltd (2007) 162 FCR 174 Fair Work Ombudsman v Kentwood Industries Pty Ltd (No 2) [2010] FCA 1156 John Holland Pty Ltd v Maritime Union of Australia (No 2) (2010) 192 IR 431 Kelly v Fitzpatrick (2007) 166 IR 14 Mason v Harrington Corporation Pty Ltd [2007] FMCA 7 McDonald v Australian Building and Construction Commissioner [2011] FCAFC 29 Stuart-Mahoney v Construction, Forestry, Mining and Energy Union (2008) 177 IR 61 Warramunda Village Inc v Pryde (2001) 105 FCR 437 Date of hearing: Determined on the papers
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