Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Jetstar Airways Ltd [2014] FCA 33 Citation: Fair Work Ombudsman v Jetstar Airways Ltd [2014] FCA 33
Parties: FAIR WORK OMBUDSMAN v JETSTAR AIRWAYS LTD (NZBN 9429036201136), JETSTAR GROUP PTY LTD (ACN 003 901 353) and JETSTAR AIRWAYS PTY LTD (ACN 069 720 243)
File number(s): NSD 495 of 2012
Judge(s): BUCHANAN J
Date of judgment: 6 February 2014
Catchwords: INDUSTRIAL LAW – penalty – breach of modern award – pilots required to bear the cost of training by deductions from salary – unauthorised deduction from pilot's salary – whether breach was flagrant or wilful – whether need for deterrence – where penalty should be fixed to ensure that the risk of contravention is not seen as an acceptable cost of doing business
Legislation: Air Pilots Award 2010 (Cth), cl 16.5 Fair Work Act 2009 (Cth), ss 14, 45, 323(1), 324, 324(2), 345(1)(a), 550(2)(c)
Cases cited: Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249
Date of hearing: 19 December 2013
Place: Sydney
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 58
Counsel for the Applicant: Mr JJE Fernon SC and Ms E Raper
Solicitor for the Applicant: Fair Work Ombudsman
Counsel for the Respondents: Mr F Parry SC and Mr R Dalton
Solicitor for the Respondents: Herbert Smith Freehills
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY FAIR WORK DIVISION NSD 495 of 2012
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