Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Kentz Pty Ltd (No 2) [2020] FCA 1073

FEDERAL COURT OF AUSTRALIA

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Kentz Pty Ltd (No 2) [2020] FCA 1073 File number: NTD 15 of 2019

Judge: REEVES J

Date of judgment: 28 July 2020

Catchwords: INDUSTRIAL LAW – penalties – where the respondent company contravened s 50 of the Fair Work Act 2009 (Cth) (the Act) – where general deterrence is an important factor – where the contravention is considered a single contravention under s 557 of the Act – where the company had no prior contraventions – where the parties proposed an agreed penalty – $15,000 penalty imposed

Legislation: Fair Work Act 2009 (Cth)

Cases cited: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Kentz Pty Ltd [2020] FCA 581 Fair Work Ombudsman v Hu (No 3) [2020] FCA 936 Sayed v Construction, Forestry, Mining and Energy Union (2016) 239 FCR 336; [2016] FCAFC 4

Date of hearing: Determined on the papers

Registry: Northern Territory

Division: Fair Work Division

National Practice Area: Employment & Industrial Relations

Category: Catchwords

Number of paragraphs: 7

Solicitor for the Applicant: Mr L Tiley of Hall Payne Lawyers

Solicitor for the Respondent: Mr A Cardell-Ree of Thomson Geer

ORDERS NTD 15 of 2019

BETWEEN: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA Applicant

AND: KENTZ PTY LTD Respondent

JUDGE: REEVES J DATE OF ORDER: 28 July 2020