Federal Court of Australia
Federal Court of Australia
Coal Mining Industry (Long Service Leave Funding) Corporation v DAC Mining Services Pty Ltd (Final Orders) [2021] FCA 1351 File number: NSD 242 of 2021
Judgment of: PERRAM J
Date of judgment: 28 October 2021
Date of publication of reasons: 2 November 2021
Catchwords: INDUSTRIAL LAW – where Court declared that Respondent contravened Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) s 52A – whether pecuniary penalty should be imposed – where application for pecuniary penalty withdrawn
Legislation: Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) s 52A Regulatory Powers (Standard Provisions) Act 2014 (Cth) s 82
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 3
Date of last submissions: 28 October 2021
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr J Clarke SC with Mr T Kane
Solicitor for the Applicant: Corrs Chambers Westgarth
Counsel for the Respondent: The Respondent did not appear
Solicitor for the Respondent: Herbert Smith Freehills
ORDERS NSD 242 of 2021
BETWEEN: COAL MINING INDUSTRY (LONG SERVICE LEAVE FUNDING) CORPORATION Applicant
AND: DAC MINING SERVICES PTY LTD (ACN 111 324 371) Respondent
order made by: PERRAM J DATE OF ORDER: 28 October 2021
THE COURT NOTES THAT:
1. The Applicant no longer presses its application for a pecuniary penalty set out at ground 2 of its Originating Application dated 25 March 2021. 2. On 8 October 2021, the Court: (a) Declared that pursuant to s 21 of the Federal Court of Australia Act 1976 (Cth), the Respondent has contravened, and until 30 September 2021 continued to contravene, s 52A(5) of the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) ('the Administration Act') by failing to comply with the notice issued under s 52A of the Administration Act dated 22 May 2020; and (b) ordered that the Respondent is to pay the Applicant's costs, fixed in the sum of $30,000.00, by 4pm on the day that is 14 days after the date the Court makes final orders. THE COURT ORDERS THAT: 3. Orders 3 and 4 made on 8 October 2021 be vacated. 4. For the purposes of Order 5 made on 8 October 2021, the date on which this order is made is the date of final orders in these proceedings. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate