Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Association of Professional Engineers, Scientists and Managers Australia v Bulga Underground Operations Pty Ltd (No 2) [2020] FCA 812 File number: NSD 939 of 2018
Judge: WIGNEY J
Date of judgment: 11 June 2020
Catchwords: INDUSTRIAL LAW – civil penalty – where employer breached s 323 of the Fair Work Act 2009 (Cth) – whether penalty should be imposed
Legislation: Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) ss 39AC, 39CB(2) Fair Work Act 2009 (Cth) ss 323, 323(1), 546(1), 546(3)(c), 556
Cases cited: Association of Professional Engineers, Scientists and Managers Australia v Bulga Underground Operations Pty Ltd [2019] FCA 1960 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68; [2017] FCAFC 113 Australasian Meat Industry Employees' Union v Australia Meat Holdings Pty Ltd (1998) 82 IR 76; [1998] FCA 664 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 Hail Creek Coal Pty Ltd (No 2) [2018] FCA 480 Flight Centre Ltd v Australian Competition and Consumer Commission (No 2) (2018) 260 FCR 68; [2018] FCAFC 53 Victoria University of Technology v Australian Education Union (1999) 91 IR 96; [1999] FCA 1065
Date of hearing: 2 June 2020
Registry: New South Wales
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