Federal Court of Australia
Federal Court of Australia
Fair Work Ombudsman v IE Enterprises Pty Ltd [2021] FCA 60 File number(s): VID 75 of 2020
Judgment of: ANDERSON J
Date of judgment: 11 February 2021
Catchwords: INDUSTRIAL LAW – penalty determination – contraventions of ss 45, 323(1), 535(1), 536(1), 536(3) and 557A the Fair Work Act 2009 (Cth) – failure to pay minimum rates and accord other entitlements in accordance with the Fair Work Act 2009 (Cth) and the General Retail Industry Award 2010 – consideration of principles governing the imposition of civil penalties – deliberate and systematic conduct that had significant impact on employees Held: penalties proposed by the Fair Work Ombudsman reasonable and appropriate
Legislation: Fair Work Act 2009 (Cth) ss 3, 45, 323(1), 536(3), 539(2), 557(1), 557A
Cases cited: A & L Silvestri Pty Ltd v Construction, Forestry, Mining and Energy Union [2008] FCA 466 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining, and Energy Union (Syme Library Case) (No 2) [2019] FCA 1555 Australian Building and Construction Commissioner v J Hutchinson Pty Ltd T/A Hutchinson Builders [2019] FCA 667 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Australian Ophthalmic Supplies Pty Ltd v McAlary Smith [2008] FCAFC 8 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Director of Consumer Affairs Victoria v Gibson (No 3) [2017] FCA 1148 Director of Consumer Affairs Victoria v Hocking Stuart (Richmond) Pty Ltd [2016] FCA 1184 EZY Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134 Fair Work Ombudsman v Australian Workers' Union [2020] FCA 60 Fair Work Ombudsman v AJR Nominees Pty Ltd (No.2) [2014] FCA 128 Fair Work Ombudsman v Blue Impression Pty Ltd (No 2) [2017] FCCA 2797 Fair Work Ombudsman v Cuts Only The Original Barber Pty Ltd [2014] FCCA 2381 Fair Work Ombudsman v Construction, Forestry, Mining, Maritime and Energy Union [2019] FCAFC 69 Fair Work Ombudsman v EA Fuller & Sons Pty Ltd & Anor [2013] FCCA 5 Fair Work Ombudsman v Group Property Services (No 2) [2017] FCA 557 Fair Work Ombudsman v Han Investments Pty Ltd [2017] FCA 623 Fair Work Ombudsman v IE Enterprises Pty Ltd [2020] FCA 848 Fair Work Ombudsman v Jetstar Airways Ltd [2014] FCA 33 Fair Work Ombudsman v Lohr [2018] FCA 5 Fair Work Ombudsman v Mai Pty Ltd & Anor [2016] FCCA 1481 Fair Work Ombudsman v NSH North Pty Ltd trading as New Shanghai Charlestown [2017] FCA 1301 Fair Work Ombudsman v Siner Enterprises Pty Ltd and Anors (No 2) [2018] FCCA 589 Fair Work Ombudsman v Yogurberry World Square Pty Ltd [2016] FCA 1290 Kelly v Fitzpatrick [2007] FCA 1080 Markarian v The Queen (2005) 228 CLR 357 Pattinson v Australian Building and Construction Commissioner [2020] FCAFC 177 Ponzio v B & P Caelli Constructions Pty Ltd [2007] FCAFC 65 Rocky Holdings Pty Limited v Fair Work Ombudsman [2014] FCAFC 62 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20 Tomvald v Toll Transport Pty Ltd [2017] FCA 1208
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