Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v Mamudi [2017] FCA 134 File number(s): WAD 724 of 2015
Judge(s): SIOPIS J
Date of judgment: 21 February 2017
Catchwords: INDUSTRIAL LAW – employees engaged on a construction project – employees withdrew their labour for a day – the applicant and the respondents settled litigation on the basis that the respondents admitted liability in respect of a contravention of s 417(1)(a) of the Fair Work Act 2009 (Cth) – both parties made submissions in favour of the imposition of an agreed penalty – whether the penalty was within an appropriate range.
Legislation: FairWork Act 2009 (Cth) s 417(1)(a)
Cases cited: Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 326 ALR 476 Australian Opthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 Australian Competition and Consumer Commission v MSY Technology Pty Ltd (No 2) (2011) 279 ALR 609 United Group Resources Pty Ltd v Calabro (No 5) (2011) 198 FCR 514 United Group Resources Pty Ltd v Calabro (No 7) (2012) 203 FCR 247
Date of hearing: Determined on the papers.
Date of last submissions: 2 August 2016
Registry: Western Australia
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 37
Counsel for the Applicant: Mr SD Harben
Solicitor for the Applicant: Clayton Utz
Counsel for the Respondents: Mr D Scaife
Solicitor for the Respondents: Slater and Gordon Lawyers
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