Fair Work Ombudsman v Maritime Union of Australia (No 2) [2015] FCA 814

FEDERAL COURT OF AUSTRALIA

Fair Work Ombudsman v Maritime Union of Australia (No 2) [2015] FCA 814 Citation: Fair Work Ombudsman v Maritime Union of Australia (No 2) [2015] FCA 814

Parties: FAIR WORK OMBUDSMAN v MARITIME UNION OF AUSTRALIA and WILLIAM TRACEY

File number(s): WAD 136 of 2012

Judge(s): SIOPIS J

Date of judgment: 11 August 2015

Catchwords: INDUSTRIAL LAW - the respondents engaged in conduct in contravention of s 346 of the Fair Work Act 2009 (Cth) – the respondents distributed a poster which named five employees as "scabs" – penalty – where the action taken by the respondents was an act of vengeance against the employees – where action was initiated by senior officials of the first respondent – where the intention of the action was to cause emotional distress to the employees named in the poster – whether each party was entitled to make submissions as to the appropriate range of penalty – whether the Court should award compensation in respect of the emotional distress suffered by the five named employees – where the second respondent claimed penalty privilege – whether the respondents are liable to pay costs pursuant to s 570(2)(b) of the Fair Work Act.

Legislation: Fair Work Act 2009 (Cth) ss 346, 348, 539(2), 545, 545(2), 545(2)(b), 546(2), 557, 570, 570(2), 570(2)(b) Crimes Act 1914 (Cth) s 4AA Building and Construction Industry Improvement Act 2005 (Cth) s 38 Federal Court of Australia Act 1976 (Cth) s 37M