Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v A Dalley Holdings Pty Ltd [2013] FCA 509 Citation: Fair Work Ombudsman v A Dalley Holdings Pty Ltd [2013] FCA 509
Parties: FAIR WORK OMBUDSMAN v A DALLEY HOLDINGS PTY LTD (ACN 140 288 179) and ANDREW DALLEY
File number: VID 366 of 2012
Judge: BROMBERG J
Date of judgment: 19 April 2013
Catchwords: INDUSTRIAL LAW – Admitted contraventions of ss 44, 340 and 351 of the Fair Work Act 2009 (Cth) – Involvement in a contravention under s 550 of the Fair Work Act 2009 (Cth) – Failure to consult employee on maternity leave regarding changes affecting status or pay of pre-parental leave position – Failure to permit employee to return to pre-parental leave position upon completion of maternity leave – Requiring employee to perform sleepover shifts in order to return to work from maternity leave – Breach of National Employment Standards – Adverse Action – Discrimination – Imposition of pecuniary penalty – Agreed penalty – Relevant considerations in assessing whether agreed penalty is appropriate – Grouping of contraventions involving similar conduct – Compensation payment for economic and non-economic loss – Declarations.
Legislation: Fair Work Act 2009 (Cth) ss 12, 14, 15(2), 44(1), 42, 69 83, 84, 335, 340(1), 351(1), 539, 545(2)(b), 550, 546(3)(a), 687, 701, 793(1)
Cases cited: Fair Work Ombudsman v Tiger Telco Pty Ltd (in liq) [2012] FCA 479 Stuart-Mahoney v Construction, Forestry, Mining and Energy Union (2008) 177 IR 61 Temple v Powell (2008) 169 FCR 169 Cahill v Construction, Forestry, Mining and Energy Union (No 4) (2009) 189 IR 304 Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Wells v Locarno Management Pty Ltd [2008] FCA 1034 Ponzio v B & P Caelli Constructions (2007) 158 FCR 543 Alfred v Construction, Forestry, Mining and Energy Union [2011] FCA 556
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