Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Australian Shooting Academy Pty Ltd [2011] FCA 1064 Citation: Fair Work Ombudsman v Australian Shooting Academy Pty Ltd [2011] FCA 1064
Parties: FAIR WORK OMBUDSMAN v AUSTRALIAN SHOOTING ACADEMY PTY LTD ACN 010 821 780 and MICHAEL JOSEPH MURPHY
File number: QUD 150 of 2011
Judge: LOGAN J
Date of judgment: 6 September 2011
Catchwords: INDUSTRIAL LAW – penalty hearing – admitted contraventions of the Fair Work Act 2009 (Cth) and the Amusement, Events and Recreation Award 2010 – individual flexibility arrangements – where arrangements drafted by respondents breached Fair Work Act 2009 (Cth) – where employee coerced into signing arrangement – breaches in respect of various courses of conduct – relevant considerations in determining level of penalty – significant mitigating factors – penalty determined
Legislation: Crimes Act 1914 (Cth) s 4AA Customs Act 1901 (Cth) Fair Work Act 2009 (Cth) ss 45, 340, 343, 344, 439, 539, 546, 550, 557, 701 Federal Court of Australia Act 1976 (Cth) Workplace Relations Act 1996 (Cth) Veterans' Entitlements Act 1986 (Cth) Industrial Relations Act 1999 (Qld)
Cases cited: Comcare v Commonwealth of Australia [2011] FCA 1043 cited Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Ltd (No 2) [2010] FCA 652 cited Kelly v Fitzpatrick (2007) 166 IR 14 considered L Vogel & Son Pty Ltd v Anderson (1968) 120 CLR 167 applied Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 cited NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 cited QR Limited v Communications, Electricial, Electronic, Energy, Information, Postal, Plumbing and Allied Service Union of Australia [2010] FCAFC 160 applied
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