Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Maclean Bay Pty Ltd (No 2) [2012] FCA 557 Citation: Fair Work Ombudsman v Maclean Bay Pty Ltd (No 2) [2012] FCA 557
Parties: FAIR WORK OMBUDSMAN v MACLEAN BAY PTY LTD (ACN 106 012 748) and WENDY ANN WELLS
File number: TAD 33 of 2010
Judge: MARSHALL J
Date of judgment: 31 May 2012
Catchwords: INDUSTRIAL LAW – penalties and declaratory relief – breach of multiple provisions of the Workplace Relations Act 1996 and an industrial award – assessment of penalties – single course of conduct – grouping of contraventions – relevant considerations
Legislation: Workplace Relations Act 1996 (Cth) ss 718, 719, 728, 792, 809, 841(b), 900, 901, 902 Federal Court of Australia Act 1976 (Cth) s 21
Cases cited: Fair Work Ombudsman v Maclean Bay Pty Ltd (2012) 200 FCR 57; [2012] FCA 10 QR Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (2010) 204 IR 142; [2010] FCAFC 150 Finance Sector Union v Commonwealth Bank of Australia (2005) 224 ALR 467 Kelly v Fitzpatrick (2007) 166 IR 14 Australian Building and Construction Commissioner v Inner Strength Steel Fixing Pty Ltd [2012] FCA 499 Markarian v The Queen (2005) 228 CLR 357 Jordan v Mornington Inn Pty Ltd (2007) 166 IR 33 Mornington Inn Pty Ltd v Jordan (2008) 168 FCR 383 Fair Work Ombudsman v Tiger Telco Pty Ltd (in liq) [2012] FCA 479
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