Federal Court of Australia
Federal Court of Australia
Singh v Fair Work Ombudsman [2021] FCA 71 Appeal from: Fair Work Ombudsman v Sinpek Pty Ltd (in liq) (No 4) [2020] FCCA 97
File number: NSD 155 of 2020
Judgment of: BROMWICH J
Date of judgment: 5 February 2021
Catchwords: INDUSTRIAL LAW – notice of appeal from the Federal Circuit Court of Australia – primary judge did not err in determining the objective seriousness of the contraventions – primary judge did not fail to take into account, and did not miscategorise, the subjective features of the appellants – primary judge did not err in application of the principles of totality in respect of the penalties imposed – primary judge did not err in application of principles of common law course of conduct – appeal dismissed
Legislation: Fair Work Act 2009 (Cth) ss 44, 45, 90(2), 99, 117(1), 325, 535(1), 536(1), 550 Fair Work Regulations 2009 (Cth) regs 3.36(1), 3.40 Vehicle Manufacturing, Repair, Services and Retail Award 2010 cls 33.4, 42.2, 43.3(a), 43.4(a)
Cases cited: Aldi Foods Pty Ltd v Moroccanoil Israel Ltd [2018] FCAFC 93; 261 FCR 301 Auimatagi v Australian Building and Construction Commissioner [2018] FCAFC 191; 267 FCR 268 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113; 254 FCR 68 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; 117 FCR 424 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) [2018] FCAFC 126; 265 FCR 208 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) [2018] FCAFC 97; 264 FCR 155 Fair Work Ombudsman v Sinpek Pty Ltd (In Liq) (No 4) [2020] FCCA 97 Fair Work Ombudsman v Sinpek Pty Ltd (In Liq) (No 3) [2020] FCCA 88 House v The King (1936) 55 CLR 499 Parker v Australian Building and Construction Commissioner [2019] FCAFC 56; 270 FCR 39 Pattinson v Australian Building and Construction Commissioner [2020] FCAFC 177; 384 ALR 75; 299 IR 404 Rocky Holdings Pty Ltd v Fair Work Ombudsman [2014] FCAFC 62; 221 FCR 153
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