Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Health Services Union v Specialist Diagnostic Services Pty Ltd [2012] FCA 1095 Citation: Health Services Union v Specialist Diagnostic Services Pty Ltd [2012] FCA 1095
Parties: HEALTH SERVICES UNION v SPECIALIST DIAGNOSTIC SERVICES PTY LTD and JENNY FRAUMANO
File number: VID 105 of 2011
Judge: BROMBERG J
Date of judgment: 27 September 2012
Catchwords: INDUSTRIAL LAW – registered employee organisation representing medical scientists – First Respondent purchased pathology business from third party – employees' employment terminated following purchase of business – admitted breaches of certified agreement by First Respondent relating to failure to provide information and consult with employees about terminations – agreement as to quantum of penalty – consideration of discretionary factors – admitted breaches treated as a single contravention – proposed penalty held to be appropriate –First Respondent ordered to pay penalty to registered employee organisation.
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) item 2 Sch 3, item 2 Sch 16, item 16 Sch 16 Fair Work Act 2009 (Cth) ss 546, 557, Part 4(1)
Cases cited: Helal v Brookfield Multiplex Ltd [2012] FCA 653
Date of hearing: 27 September 2012
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 15
Counsel for the Applicant: Ms S Bingham
Solicitor for the Applicant: Ligeti Partners
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