Federal Court of Australia
Federal Court of Australia
Fair Work Ombudsman v Austrend International Pty Ltd (No 2) [2020] FCA 1193 File number: WAD 131 of 2017
Judgment of: BANKS-SMITH J
Date of judgment: 20 August 2020
Catchwords: INDUSTRIAL LAW - contravention of s 351 of the Fair Work Act 2009 (Cth) - adverse action taken by employer because of employee's sex and pregnancy - refusal to allow employee to return to work after period of parental leave - where admissions made by respondents - single contravention - appropriate form and content of declaration - where employer has met financial loss of employee - whether employer should pay compensation to employee for non-economic loss - relevant factors in assessment of pecuniary penalties - relevance of legal costs incurred by employer - relevance of adverse publicity from media release published by Fair Work Ombudsman - whether media release accurate and fair
Legislation: Fair Work Act 2009 (Cth) ss 14, 65, 342, 351, 360, 361, 531, 550, 539, 545, 546, 701, Division 2, Part 3-1, Part 5-2
Cases cited: ACE Insurance Limited v Trifunovski (No 2) [2012] FCA 793 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113; (2017) 254 FCR 68 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining, and Energy Union (Syme Library Case) (No 2) [2019] FCA 1555 Australian Competition and Consumer Commission v AirAsia Berhad Company [2012] FCA 1413 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Multimedia International Services Pty Ltd [2016] FCA 439; (2016) 243 FCR 392 Australian Licensed Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd [2011] FCA 333; (2011) 193 FCR 526 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v ACI Operations Pty Ltd [2006] FCA 122 Construction, Forestry, Mining and Energy Union v Clermont Coal Pty Limited (No 2) [2016] FCA 809 Dafallah v Fair Work Commission [2014] FCA 328; (2014) 225 FCR 559 Director of Consumer Affairs Victoria v Meng [2015] VSC 668 Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1213 Fair Work Ombudsman v Austrend International Pty Ltd [2018] FCA 171 Fair Work Ombudsman v Contracting Solutions Australia Pty Ltd [2013] FCA 7 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 New Image Photographics Pty Ltd v Fair Work Ombudsman [2013] FCA 1385 Ponzio v B & P Caelli Constructions Pty Ltd [2007] FCAFC 65; (2007) 158 FCR 543 Re The Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 3; (1997) 186 CLR 622 Sayed v Construction, Forestry, Mining and Energy Union [2015] FCA 27 Sayed v Construction, Forestry, Mining and Energy Union [2015] FCA 338 Tomlinson v Ramsay Food Processing Pty Ltd [2015] HCA 28; (2015) 256 CLR 507 Trade Practices Commission v Cue Design Pty Ltd (1996) 85 A Crim R 500
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