Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Complete Windscreens (SA) Pty Ltd (No 2) [2016] FCA 1563 File number: SAD 22 of 2015
Judge: BESANKO J
Date of judgment: 22 December 2016
Catchwords: INDUSTRIAL LAW – penalty hearing – where contraventions concern minimum wages, casual loading, overtime, meal allowances, Saturday penalties, annual leave, annual leave loading, personal leave, record keeping and pay slips – where director involved in company's contravention – consideration of relevant factors in determining penalty – where some contraventions were deliberate or reckless – whether respondents have exhibited contrition – whether need for general or specific deterrence – whether contraventions constitute a single course of conduct or should otherwise be grouped – where Fair Work Ombudsman issued a press release and respondents received adverse publicity – whether declarations should be made.
Legislation: Fair Work Act 2009 (Cth) ss 44, 45, 99, 536, 539, 545, 546, 550, 557 Fair Work Regulations 2009 (Cth) reg 3.34 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Sch 16 items 2, 5 Federal Court of Australia Act 1976(Cth) s 21 Federal Court Rules 2011 (Cth) rr 8.03, 16.02 Workplace Relations Act 1996 (Cth) ss 182, 185, 717, 718, 719, 727, 728, 841 Workplace Relations Regulations 2006 (Cth) regs 19.1, 19.4, 19.20
Cases cited: Commonwealth v Director, Fair Work Building Industry Inspectorate and Others [2015] HCA 46; (2015) 326 ALR 476 Fair Work Ombudsman v Al Hilfi [2016] FCA 193 Fair Work Ombudsman v Complete Windscreens (SA) Pty Ltd [2016] FCA 621
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