Murrihy v Betezy.com.au Pty Ltd (No 2) [2013] FCA 1146

FEDERAL COURT OF AUSTRALIA

Murrihy v Betezy.com.au Pty Ltd (No 2) [2013] FCA 1146 Citation: Murrihy v Betezy.com.au Pty Ltd (No 2) [2013] FCA 1146

Parties: AMANDA MURRIHY v BETEZY.COM.AU PTY LTD (ACN 126 953 526) and BETEZY PTY LTD (ACN 124 095 709)

File number: VID 50 of 2012

Judge: JESSUP J

Date of judgment: 8 November 2013

Catchwords: INDUSTRIAL LAW – application for penalties to be imposed on respondents for breaches of ss 323, 340 and 536 of Fair Work Act 2009 (Cth) and reg 3.43 of Fair Work Regulations 2009 (Cth) – whether contraventions of ss 323 and 536 amounted to single course of conduct within meaning of s 557 of Fair Work Act 2009 (Cth) – quantum of penalties to be imposed on respondent – matters relevant to exercise of discretion – whether penalties should be paid to applicant. STATUTES – amendment of legislation increasing maximum penalties – contraventions occurred prior to amendment, but findings made after amendment – whether higher maximum penalties applied to contraventions. COSTS – application for respondents to pay applicant's costs pursuant to s 570(2)(b) of Fair Work Act 2009 – whether respondents committed acts or made omissions which were unreasonable and which caused applicant to incur costs.

Legislation: Acts Interpretation Act 1901 (Cth), ss 2, 7, 15AC, 23 Acts Interpretation Amendment Act 2011 (Cth), sch 1 Conciliation and Arbitration Act 1904 (Cth), s 59 Crimes Act 1914 (Cth), ss 4AA, 4F Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act 2012 (Cth), sch 3 Fair Work Act 2009 (Cth), ss 12, 232, 340, 536, 539, 540, 546, 549, 536, 557, 570 Fair Work Regulations 2009 (Cth), reg 3.43 Industrial Relations Act 1988 (Cth), 178 Interpretation Ordinance 1931 (NT), s 4 Workplace Relations Amendment (Work Choices) Act 2005 (Cth), s 719