Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Lifestyle SA Pty Ltd [2014] FCA 1151 Citation: Fair Work Ombudsman v Lifestyle SA Pty Ltd [2014] FCA 1151
Parties: FAIR WORK OMBUDSMAN v LIFESTYLE SA PTY LTD
File number: SAD 166 of 2012
Judge: MANSFIELD J
Date of judgment: 31 October 2014
Catchwords: INDUSTRIAL LAW – pecuniary penalties – breach of awards – underpayment – breach of the maximum hours of work guarantee – breaches in relation to 46 employees over a period of nearly five years – after application of course of conduct provision, 35 contraventions, falling into 12 categories – admission of contraventions prior to hearing – underpayment rectified – significant loss and damage – breaches were not deliberate – expression of contrition and corrective action taken – general deterrence necessary to alert to the community that lack of care and ignorance of law is no excuse – application of the totality principle – pecuniary penalty imposed not to be disproportionate to contraventions
Legislation: Workplace Relations Act 1996 (Cth) Fair Work Act 2009 (Cth) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Retirement Villages Act 1987 (SA) Aged Care Award 2010 Crimes Act 1914 (Cth) Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (Cth)
Cases cited: Fair Work Ombudsman v Kentwood Industries Pty Ltd (No 3) [2011] FCA 579 applied Gibbs v Mayor, Councillors and Citizens of City of Altona (1992) 37 FCR 216 applied McIver v Healey [2008] FCA 425 applied Pearce v The Queen (1998) 194 CLR 10 applied Johnson v The Queen (2004) 205 ALR 346 cited Fair Work Ombudsman v Offshore Marine Services Pty Ltd [2012] FCA 498 cited Construction, Forestry, Mining and Energy Union v Hamberger (2003) 127 FCR 309 cited Hadgkiss v Sunland Construction (Qld) Pty Ltd [2006] FCA 1566 cited Sharpe v Dogma Enterprises Pty Ltd [2007] FCA 1550 cited Australian Ophthalmic Supplies v McAlary-Smith (2008) 165 FCR 560 applied Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Service Union of Australia v QR Limited (No 2) [2010] FCA 652 applied NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 applied Fair Work Ombudsman v Saya Cleaning Pty Ltd [2009] FMCA 38 cited Fair Work Ombudsman v Happy Cabby Pty Ltd [2013] FCCA 397 cited Salandra v Risborg Services Pty Ltd [2008] FMCA 76 Australian Licensed Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd (No 2) [2011] FCA 394 Fair Work Ombudsman v Jetstar Airways Ltd [2014] FCA 33 distinguished BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining and Energy Union [2001] FCA 336 cited ACE Insurance Limited v Trifunovski (No 2) [2012] FCA 793 applied Rajagopalan v BM Sydney Building Materials Pty Ltd [2007] FMCA 1412 cited Plancor Pty Ltd v Liquor Hospitality and Miscellaneous Union (2008) 171 FCR 357 referred to CPSU v Telstra Corporation Limited (2001) 108 IR 228 referred to Australian Building & Construction Commissioner v Construction, Forestry, Mining and Energy Union [2011] FCA 810 cited Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 145 ALR 36 applied
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