Federal Court of Australia
Federal Court of Australia
Fair Work Ombudsman v PTES 928 Pty Ltd [2023] FCA 934 File number: VID 28 of 2021
Judgment of: SNADEN J
Date of judgment: 11 August 2023
Catchwords: INDUSTRIAL LAW – breach of award and statutory obligations – significant underpayments – pecuniary penalties – agreed contraventions – application of "course of conduct", "totality", and "accessorial liability" principles – appropriateness of declaratory relief – no declaratory relief granted – significant penalties imposed
Legislation: Crimes Act 1914 (Cth), s 4AA Fair Work Act 2009 (Cth) pt 4-1, ss 45, 46, 535, 536, 539, 545, 546, 550, 557 Fair Work Regulations 2009 (Cth) regs 3.34, 3.40, 3.46 Waste Management Award 2010
Cases cited: A & L Silvestri Pty Limited v Construction, Forestry, Mining and Energy Union [2008] FCA 466 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 249 FCR 458 Australian Building and Construction Commissioner v Pattinson (2019) 291 IR 286 Australian Building and Construction Commissioner v Pattinson (2022) 399 ALR 599 Australian Competition and Consumer Commission v MSY Technology Pty Ltd (2012) 201 FCR 378 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (2016) 340 ALR 25 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) v Milin Builders Pty Ltd [2019] FCA 1070 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) (2018) 265 FCR 208 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) (2018) 264 FCR 155 Fair Work Ombudsman v ACN 052 182 180 Pty Ltd & Anor [2013] FCCA 688 Fair Work Ombudsman v Australian Workers' Union [2020] FCA 60 Fair Work Ombudsman v Dosanjh [2016] FCCA 923 Fair Work Ombudsman v Lohr (2018) 158 ALD 457 Fair Work Ombudsman v Roach (The Melbourne Quarter Case) [2023] FCA 781 Fair Work Ombudsman v Soleimani & Anor [2014] FCCA 2380 Flight Centre Ltd v Australian Competition and Consumer Commission (No 2) (2018) 260 FCR 68 Rocky Holdings Pty Ltd v Fair Work Ombudsman (2014) 221 FCR 153 Royer v Western Australia (2009) 197 A Crim R 319 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 Warramunda Village Inc v Pryde (2001) 105 FCR 437 Whitby v ZG Operations Australia Pty Ltd (No 2) [2019] FCA 201
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