Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd (No 4) [2017] FCA 580 File number(s): WAD 185 of 2011
Judge(s): GILMOUR J
Date of judgment: 7 June 2017
Catchwords: INDUSTRIAL LAW – penalties and declaratory relief – breach of multiple provisions of the Fair Work Act 2009 (Cth) including div 6 (sham contracting provisions) – grouping of contraventions – whether there was a single course of conduct – assessment of penalties –relevant considerations
Legislation: Crimes Act 1911 (Cth) s 4AA Fair Work Act 2009 (Cth) ss 3, 357, 358, 359, 371, 371(1), 539(2) item 11, 546(2)(a), 546(2)(b), 546(3), 546(3)(a), 550, 557, 557(1), 557(2), Chapter 3 - Part 3-1, Division 6 Workplace Relations Act 1996 (Cth) s 719(2) Independent Contractors Bill 2006 (Cth), Explanatory Memorandum
Cases cited: Australian Building and Construction Commissioner v Inner Strength Steel Fixing Pty Ltd [2012] FCA 499 Australian Opthalmic Supplies Pty Ltd v McAlary Smith (2008) 165 FCR 560 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 326 ALR 476 Director, Fair Work Building Industry Inspectorate v Construction, Forestry Mining and Energy Union [2015] FCAFC 59 Fair Work Ombudsman v A Dalley Holdings Pty Ltd [2013] FCA 509 Fair Work Ombudsman v Centennial Financial Services Pty Ltd [2011] FMCA 459 Fair Work Ombudsman v EA Fuller & Sons Pty Ltd [2013] FCCA 5 Fair Work Ombudsman v Maclean Bay Pty Ltd [2012] FCA 557 Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd (2015) 228 FCR 346 Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd (2015) 256 CLR 137 Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd (No 2) [2013] FCA 582 Fair Work Ombudsman v Tiger Telco Pty Ltd (in liq) [2012] FCA 479 Kelly v Fitzpatrick (2007) 166 IR 14 Mason v Harrington Corporation Pty Ltd [2017] FMCA 7 Mornington Inn Pty Ltd v Jordan [2008] FCAFC 70 Pearce v The Queen (1998) 194 CLR 610 Plancor Pty Ltd v Liquor, Hospitality and Miscellaneous Union (2008) 171 FCR 357 Ponzio v B&P Caelli Constructions Pty Ltd (2007) 158 FCR 543
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