Independent Education Union of Australia v Australian International Academy of Education Inc [2016] FCA 686

FEDERAL COURT OF AUSTRALIA

Independent Education Union of Australia v Australian International Academy of Education Inc [2016] FCA 686 File number: VID 1114 of 2012

Judge: JESSUP J

Date of judgment: 8 June 2016

Catchwords: INDUSTRIAL LAW – penalties under Fair Work Act 2009 (Cth) for employer's contraventions of award – whether conduct constituted single contravention under s 557 – consideration of phrase "arose out of course of conduct" – contraventions held to be distinct in point of time and purpose – consideration of pecuniary penalties where contraventions at lower end of consequence INDUSTRIAL LAW – multiple, overlapping contraventions of ss 482 and 502 of Fair Work Act 2009 (Cth) – whether contraventions could be considered one episode of conduct – consideration of penalties for contraventions judged to be serious departures from norms – application of totality principle for penalties – application that penalties be paid to union COSTS – application for costs where no entitlement for successful applicant under Fair Work Act 2009 (Cth) unless "unreasonable act or omission under s 570(2) – consideration of respondents' conduct against legislative criterion – application for indemnity costs upheld COSTS – application under r 42.16 Federal Court Rules 2011 for contempt of court – consideration of r 42.16 – whether a party can apply for a direction under r 42.16

Legislation: Fair Work Act 2009 (Cth) ss 45, 482, 483AA, 502, 557 570 Federal Court Rules 2011 (Cth) rr 42.11, 42.16 Federal Court Rules (Cth) O 40 r 10 Supreme Court Rules 1970 (NSW) Pt 55, r 11