Australian Education Union v Yooralla Society of Victoria [2021] FCA 954

Federal Court of Australia

Australian Education Union v Yooralla Society of Victoria [2021] FCA 954 Appeal from: Australian Education Union v Yooralla (No 2) [2020] FCCA 1659

File number(s): VID 480 of 2020

Judgment of: WHEELAHAN J

Date of judgment: 13 August 2021

Catchwords: INDUSTRIAL LAW – civil penalties – appeal from a decision of the Federal Circuit Court of Australia imposing penalties for four contraventions of the Fair Work Act 2009 (Cth) – where the question of liability was contested and where respondent was successful on liability at first instance but was found to have contravened the Act on appeal – where the penalties imposed by the primary judge were at the low end of the range and subject to a reduction of 50% by application of the totality principle – whether the penalties imposed were manifestly inadequate – whether primary judge misunderstood or misapplied the totality principle – whether the 50% reduction was manifestly excessive – whether the primary judge had given undue weight to certain matters – whether the primary judge failed to have adequate regard to the respondent's lack of apology – penalties imposed by primary judge were not manifestly inadequate – primary judge's application of the totality principle was correct and the reduction of 50% was not manifestly excessive – primary judge did not give undue weight to certain matters or fail to have regard to the respondent's lack of apology – appeal dismissed.

Legislation: Fair Work Act 2009 (Cth) ss 44–45, 305, 539(2), 546, 546(1), 556-557 and 570 Attendant Care – Victoria Award 2004 Disability Services Award (Victoria) 1999 Social, Community and Disability Services Industry Equal Remuneration Order 2012 cl 5.3, 5.5 Social, Community, Home Care and Disability Services Industry Award 2010