Fair Work Ombudsman v Offshore Marine Services Pty Ltd [2012] FCA 498

FEDERAL COURT OF AUSTRALIA

Fair Work Ombudsman v Offshore Marine Services Pty Ltd [2012] FCA 498 Citation: Fair Work Ombudsman v Offshore Marine Services Pty Ltd [2012] FCA 498

Parties: FAIR WORK OMBUDSMAN v OFFSHORE MARINE SERVICES PTY LTD (ACN 109 339 433) and MARITIME UNION OF AUSTRALIA

File number: WAD 251 of 2011

Judge: GILMOUR J

Date of judgment: 17 May 2012

Catchwords: INDUSTRIAL LAW - penalties - application for declarations that the respondent contravened s 346(a) of the Fair Work Act 2009 (Cth) and s 792(1)(d) of the Workplace Relations Act 1996 (Cth) - application for penalties pursuant to s 807(1)(a) of the Workplace Relations Act 1996 (Cth) and s 546(1) of the Fair Work Act 2009 (Cth) - factors relevant in determining an appropriate penalty - the circumstances under which the conduct took place - nature and extent of loss or damage - whether the respondent had contravened any Commonwealth workplace laws in the past – whether the breach arose out of one course of conduct - whether the breach was deliberate - the importance to be placed on the need to protect industrial freedoms - whether there was evidence of contrition - whether the respondent had taken any further action to ensure compliance - whether the respondent was co-operative - specific deterrence - general deterrence

Legislation: Workplace Relations Act 1996 (Cth) ss 298K, 792(1)(d), 778, 807(1)(a), 841(a) Fair Work Act 2009 (Cth) ss 3(e), 336, 346(a), 546(1), 546(3)(a) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Item 11(1) of Part 3 of Schedule 2 Crimes Act 1914 (Cth) s 4AA Federal Court of Australia Act 1976 (Cth) s 21