Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
General Manager of the Fair Work Commission v Musicians' Union of Australia [2016] FCA 302 File number: VID 620 of 2014
Judge: JESSUP J
Date of judgment: 30 March 2016
Catchwords: INDUSTRIAL LAW – Penalties – Contraventions of reporting requirements of a registered organisation – Contraventions of the duties of an officer of a registered organisation – Duty to exercise powers and discharge duties with due care and diligence – Seriousness of contraventions – Contraventions a course of conduct – Size of the organisation – Deterrence – Totality principle
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) ss 242, 253, 265, 266, 305, 285 Workplace Relations Act 1996 (Cth) Sch 1, ss 242, 253, 265, 266, 305 and 285
Cases cited: General Manager of the Fair Work Commission v Thomson (No 4) [2015] FCA 1433 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Australian Competition and Consumer Commission v BAJV Pty Ltd [2014] FCAFC 52
Date of hearing: 4 February 2016
Registry: Victoria
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 34
Counsel for the Applicant: Mr D Trindade of Clayton Utz
Solicitor for the Applicant: Clayton Utz
Counsel for the Respondents: Mr M Irving
Solicitor for the Respondents: Lieschke and Weatherill Lawyers
ORDERS VID 620 of 2014
BETWEEN: GENERAL MANAGER OF THE FAIR WORK COMMISSION Applicant
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