Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Eastern Colour Pty Ltd (No 3) [2016] FCA 186 File number: QUD 376 of 2010
Judge: COLLIER J
Date of judgment: 3 March 2016
Catchwords: INDUSTRIAL LAW – assessment of penalty – imposition of penalties on the respondents following contraventions of Workplace Relations Act 1996 (Cth) – factors relevant to determining penalty – where first, second and third respondents constitute one entity – failure to pay overtime – failure to pay penalty rates – whether multiple contraventions treated as single contravention – whether conventions arose out of one scheme – not penalising respondents more than once for same conduct – family companies – vulnerable employees – need for general and specific deterrence – totality principle
Legislation: Workplace Relations Act 1996 (Cth) ss 182, 182(1), 182(2), 719, 719(1), 719(2), 728, 841
Cases cited: Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate (2015) 326 ALR 476; [2015] HCA 46 Fair Work Ombudsman v Kentwood Industries Pty Ltd (No 2) [2010] FCA 1156 Fair Work Ombudsman v Eastern Colour Pty Ltd [2011] FCA 803 Fair Work Ombudsman v Eastern Colour Pty Ltd (No 2) [2014] FCA 55 Pearce v The Queen (1998) 194 CLR 610 Sharpe v Dogma Enterprises Pty Ltd [2007] FCA 1550
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