Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v HSCC Pty Ltd [2020] FCA 655 File number: NSD 148 of 2019
Judge: FLICK J
Date of judgment: 18 May 2020
Catchwords: INDUSTRIAL LAW – agreed statement of facts – agreement as to penalties to be imposed – Court may approve if appropriate INDUSTRIAL LAW – quantification of penalties – matters to be taken into account – deterrence – need for specific and general deterrence – fast food industry – production of falsified records – separate companies employing separate employees but engaging in like conduct
Legislation: Fair Work Act 2009 (Cth) s 44, 45, 90, 550, 535, 536, 545, 546 Fair Work Regulations 2009 (Cth) r 3.44 Migration Act 1958 (Cth) Petroleum Retail Marketing Sites Act 1980 (Cth) s 10
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113, (2017) 254 FCR 68 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 145 ALR 36 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith [2008] FCAFC 8, (2008) 165 FCR 560 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46, (2015) 258 CLR 482 Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1213 Fair Work Ombudsman v NSH North Pty Ltd [2017] FCA 1301, (2017) 275 IR 148 Fair Work Ombudsman v South Jin Pty Ltd (No 2) [2016] FCA 832 Fair Work Ombudsman v Yogurberry World Square Pty Ltd [2016] FCA 1290 Ghimire v Karriview Management Pty Ltd (No 2) [2019] FCA 1627, (2019) 290 IR 331 Kelly v Fitzpatrick [2007] FCA 1080, (2007) 166 IR 14 Markarian v The Queen [2005] HCA 25, (2005) 228 CLR 357 McDonald v R (1994) 120 ALR 629 Ministry for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 Mornington Inn Pty Ltd v Jordan [2008] FCAFC 70, (2008) 168 FCR 383 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134, (1996) 71 FCR 285 Patrick Stevedores Holdings Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 1647 Plancor Pty Ltd v Liquor, Hospitality and Miscellaneous Union [2008] FCAFC 170, (2008) 171 FCR 357 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20, (2012) 287 ALR 249 Wong v The Queen [2001] HCA 64, (2001) 207 CLR 584
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