Mayberry v Kijani Investments Pty Ltd as trustee for The Dawe Investments Trust Subway Wallsend trading as Subway [2011] FCA 1238

FEDERAL COURT OF AUSTRALIA

Mayberry v Kijani Investments Pty Ltd as trustee for The Dawe Investments Trust Subway Wallsend trading as Subway [2011] FCA 1238 Citation: Mayberry v Kijani Investments Pty Ltd as trustee for The Dawe Investments Trust Subway Wallsend trading as Subway [2011] FCA 1238

Parties: LEE MAYBERRY v KIJANI INVESTMENTS PTY LTD ATF THE DAWE INVESTMENTS TRUST SUBWAY WALLSEND T/AS SUBWAY

File number: NSD 1581 of 2011

Judge: KATZMANN J

Date of judgment: 28 October 2011

Catchwords: INDUSTRIAL LAW – Unfair dismissal – failure to comply with orders of Fair Work Australia – breach of civil remedy provision – consideration of factors relevant to penalty – no appearance by respondent

Legislation: Fair Work Act 2009 (Cth) ss 405, 539, 540(1)(a), 545(1), 547(2), 570(2), 546(2)(b) Federal Court Rules 2011 (Cth) rr 30.21(1)(b), 39.06

Cases cited: Fair Workplace Ombudsmen v Golden Maple Proprietary Limited Pty Ltd (2009) 186 IR 211 Flattery v The Italian Eatery (trading as Zeffirelli's Pizza Restaurant) (2007) 163 IR 14 Plancor Pty Ltd v Liquor, Hospitality and Miscellaneous Union (2008) 171 FCR 357

Date of hearing: 28 October 2011

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 30

Counsel for the Applicant: Ms G Wilkinson

Solicitor for the Applicant: McDonald Johnson Lawyers

Counsel for the Respondent: The respondent did not appear.

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1581 of 2011