Federal Court of Australia
Federal Court of Australia
Fair Work Ombudsman v Roach (The Melbourne Quarter Case) [2023] FCA 781 File number(s): VID 23 of 2021
Judgment of: WHEELAHAN J
Date of judgment: 11 July 2023
Catchwords: INDUSTRIAL LAW – civil penalty provision – contraventions of s 348 and subs 349(1) Fair Work Act 2009 (Cth) by a natural person – contraventions of s 348 and subs 349(1) of the Act by an industrial association by way of the operation of s 363(1)(b) and s 363(3) of the Act – determination of the appropriate penalties to be ordered, respectively, to both the natural person and the industrial association in light of the deterrent purpose of the civil penalty regime of the Act in light of all of the relevant circumstances.
Legislation: Fair Work Act 2009 (Cth), s 348, subs 349(1), s 363, s 546, s 556, s 570, subs 793(1), and Part 3-1 Occupational Health and Safety Act 2004 (Vic)
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Quest Apartments Case) (No 2) [2018] FCA 163; 358 ALR 725 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Syme Library Case) (No 2) [2019] FCA 1555 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; 399 ALR 599 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Werribee Shopping Centre Case) [2017] FCA 1235 Construction, Forestry, Maritime, Mining and Energy Union v Melbourne Precast Concrete Nominees Pty Ltd (No 3) [2020] FCA 1309 Fair Work Ombudsman v Construction, Forestry, Mining, Fair Work Ombudsman v Roach (The Melbourne Quarter Case) [2023] FCA 156 Manufacturing and Energy Union (Kiama Aged Care Centre Appeal) [2023] FCAFC 63 Nangus v Charles Donovan Pty Ltd (in liq) [1989] VR 184 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 Report of Chris Maxwell QC, Occupational Health and Safety Review, March 2004
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