Federal Court of Australia
Federal Court of Australia
Australasian Meat Industry Employees Union v Dick Stone Pty Ltd (No 2) [2022] FCA 1263 File number: NSD 1099 of 2019
Judgment of: KATZMANN J
Date of judgment: 28 October 2022
Catchwords: INDUSTRIAL LAW — penalties for multiple contraventions of ss 44 and 45 of Fair Work Act 2009 (Cth) at a meat retail establishment over a prolonged period —whether multiple contraventions should be grouped and treated as a single contravention — where employer offers a bare apology and minimises culpability but where employer had not previously been found to have contravened the Act and some corrective action had been taken, — whether penalties should be imposed and, if so, in what amounts
Legislation: Crimes Act 1914 (Cth) s 4AA(1) Fair Work Act 2009 (Cth) ss 44, 45, 62, 125, 134, 545, 546, 557 Crimes Amendment (Penalty Unit) Act 2017 (Cth) Sch 1 cl 1
Cases cited: Ahmed v Al-Hussain Pty Ltd t/as The Cheesecake Shop (No 3) [2019] FCA 848 Australasian Meat Industry Employees Union v Dick Stone Pty Ltd [2022] FCA 512 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Nine Brisbane Sites Appeal) (2019) 269 FCR 262 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; (2022) 399 ALR 599; 96 ALJR 426; 175 ALD 383; 314 IR 301 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Bluescope Steel (AIS) Pty Ltd v Australian Workers Union (2019) 270 FCR 359 Commonwealth v Director, Fair Work Building Industry Inspectorate; Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Construction, Forestry, Maritime, Mining and Energy Union v Richard Crookes Construction Pty Limited [2022] FCA 992 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; (2010) 269 ALR 1; 194 IR 461 Fair Work Ombudsman v Australian Workers' Union [2020] FCA 60 Fair Work Ombudsman v Grouped Property Services Pty Ltd (No 2) [2017] FCA 557 Kelly v Fitzpatrick [2007] FCA 1080; (2007) 166 IR 14 Mornington Inn Pty Ltd v Jordan (2008) 168 FCR 383 Murrihy v Betezy.com.au Pty Ltd (No 2) (2013) 221 FCR 118 Parker v Australian Building and Construction Commissioner (2019) 270 FCR 39 Registered Organisations Commissioner v Australian Nursing and Midwifery Federation (No 2) [2018] FCA 2004 Rocky Holdings Pty Ltd v Fair Work Ombudsman (2014) 221 FCR 153 Trade Practices Commission v CSR Ltd [1990] FCA 762; (1991) ATPR ¶41,076
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