Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v South Jin Pty Ltd (No 2) [2016] FCA 832 File number: SAD 158 of 2014
Judge: WHITE J
Date of judgment: 22 July 2016
Catchwords: INDUSTRIAL LAW – Imposition of penalties on accessories to contraventions of Cleaning Services Award 2010 – contraventions of Fair Work Act 2009 (Cth) and Workplace Relations Act 1996 (Cth) – underpayment of entitlements – failure to keep records – failure to issue pay slips – principles to apply in determining appropriate declarations and penalties.
Legislation: Crimes Act 1914 (Cth) s 4AA Fair Work Act 2009 (Cth) ss 12, 45, 535, 536, 539(2), 545, 546(2), 550, 557 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Item 5 of Sch 16 Trade Practices Act 1974 (Cth) Workplace Relations Regulations 1996 (Cth) regs 19, 19.4(1), 19.20(1) Workplace Relations Act 1996 (Cth) ss 4, 185(2), 710, 717, 719, 725
Cases cited: Australian Competition and Consumer Commission v Yellow Page Marketing BV (No 2) [2011] FCA 352 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith [2008] FCAFC 8; (2008) 165 FCR 560 Cahill v Construction, Forestry, Mining and Energy Union (No 4) [2009] FCA 1040; (2009) 189 IR 304 Church v The Queen [2012] NSWCCA 149 Clothing and Allied Trades Union v Snugglerite Industries Pty Ltd (1990) 34 IR 124 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 326 ALR 476 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; (2010) 269 ALR 1 Cousins v Merringtons Pty Ltd (No 2) [2008] VSC 340 Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1213 Fair Work Ombudsman v South Jin Pty Ltd [2015] FCA 1456 Fair Work Ombudsman v Taj Palace Tandoori Indian Restaurant Pty Ltd [2012] FMCA 258 Hamberger v Construction, Forestry, Mining and Energy Union [2002] FCA 585 Lynch v Buckley Sawmills Pty Ltd (1984) 3 FCR 503 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Rocky Holdings Pty Ltd v Fair Work Ombudsman [2014] FCAFC 62; (2014) 221 FCR 153 Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267 Stuart-Mahoney v Construction, Forestry, Mining and Energy Union [2008] FCA 1426; (2008) 177 IR 61 Temple v Powell [2008] FCA 714; (2008) 169 FCR 169
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate