Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
General Manager of Fair Work Australia v Health Services Union [2014] FCA 970 Citation: General Manager of Fair Work Australia v Health Services Union [2014] FCA 970
Parties: GENERAL MANAGER OF FAIR WORK AUSTRALIA v HEALTH SERVICES UNION, PAULINE FEGAN, JEFF JACKSON and SHAUN HUDSON
File number: VID 380 of 2012
Judge: NORTH J
Date of judgment: 10 September 2014
Catchwords: INDUSTRIAL LAW – contraventions of provisions of the Fair Work (Registered Organisations) Act 2009 (Cth) relating to administration of the Health Services Union Victoria No. 1 Branch – respondents admitted to contraventions – question of penalties to be applied pursuant to s 306 – discretionary power of the Court – considerations when fixing penalties – general deterrence – involvement of senior management – circumstances of the conduct – size of the enterprise – previous conduct – specific deterrence – cooperation – contrition – application for compensation and interest against the third respondent – application for declarations of contraventions – utility of making declarations in civil penalty proceedings
Legislation: Fair Work Act 2009 (Cth) ss 656 Fair Work (Registered Organisations) Act 2009 (Cth) ss 159, 237, 242, 252, 253, 257, 265, 266, 268, 273, 285, 286, 287, 305, 306, 307, 308, 310, 315, 323, 331 Federal Court of Australia Act 1976 (Cth) s 51A Judiciary Act 1903 (Cth) s 39B(1A)(a)
Cases cited: ASIC v Vines (2005) 65 NSWLR 281 Cruse v Multiplex Ltd (2008) 172 FCR 279 TS and B Retail Systems Pty Ltd v 3Fold Resources Pty Ltd (No 4) [2007] FCA 635
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