Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
United Voice v Berkeley Challenge Pty Limited (No 2) [2018] FCA 1189 File number: QUD 217 of 2016
Judge: REEVES J
Date of judgment: 10 August 2018
Catchwords: INDUSTRIAL LAW – consideration of the appropriate pecuniary penalties to be imposed under s 546 of the Fair Work Act 2009 (Cth) (FWA) for contraventions of ss 44(1), 117 and 119 of the FWA – the relevant principles for imposing civil remedy penalties – whether the successful party should receive the penalty – the significance of maximum penalties – the grouping of contraventions – the concept of deliberateness – whether specific and general deterrence are appropriate in the circumstances
Legislation: Fair Work Act 2009 (Cth)
Cases cited: Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (2016) 340 ALR 25; [2016] FCAFC 181 Clean Energy Regulator v MT Solar Pty Ltd [2013] FCA 205 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482; [2015] HCA 46 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Telstra Corporation Ltd (2007) 168 IR 368; [2007] FCA 1607 Construction, Forestry, Mining and Energy Union v Cahill (2010) 269 ALR 1; [2010] FCAFC 39 Construction, Forestry, Mining and Energy Union v Decmil Engineering Pty Ltd (No 2) [2017] FCA 1237 Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd (No 2) [2018] FCA 480 Director of The Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 353 Kelly v Fitzpatrick [2007] FCA 1080 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Plancor Pty Ltd v Liquor, Hospitality and Miscellaneous Union (2008) 171 FCR 357; [2008] FCAFC 170 Sayed v Construction, Forestry, Mining and Energy Union (2016) 239 FCR 336; [2016] FCAFC 4 Trade Practices Commission v CSR Limited (1991) ATPR ¶41-076 United Voice v Berkeley Challenge Pty Limited [2018] FCA 224
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