Willis Brothers Installations (Qld) Pty Ltd v Ruttley [2023] FCA 1147

FEDERAL COURT OF AUSTRALIA

Willis Brothers Installations (Qld) Pty Ltd v Ruttley [2023] FCA 1147 Appeal from: Ruttley v Willis Brothers Installation (Qld) Pty Ruttley v Willis Brothers Installation (Qld) Pty Ltd [2022] FedCFamC2G 919

File number(s): QUD 451 of 2022

Judgment of: MEAGHER J

Date of judgment: 27 September 2023

Catchwords: INDUSTRIAL LAW – appeal against quantum of penalties – where respondent conceded primary judge erred – appeal allowed – redetermination of penalties – where conduct was egregious and unjust – whether contraventions should be grouped together – where appellant has not been involved in other contraventions – where respondent was awarded compensation and damages – totality principle

Legislation: Fair Work Act 2009 (Cth) 340, 351, 539, 546, 556, 557, 570

Cases cited: Australian Building and Construction Commission v Pattinson (2022) 274 CLR 450; [2022] HCA 13 Australian Competition and Consumer Commission v Yazaki Corporation (2018) 262 FCR 243; [2018] FCAFC 73 BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining and Energy Union [2001] FCA 336 Construction, Forestry, Maritime, Mining and Energy Union v Richard Crookes Constructions Pty Ltd [2022] FCA 992 Construction, Forestry, Mining and Energy Union v Cahill (2010) 269 ALR 1 [2010] FCAFC 39 Fair Work Ombudsman v NSH North Pty Ltd t/as New Shanghai Charlestown [2017] FCA 1301 House v R (1936) 55 CLR 499 Ruttley v Willis Brothers Installation (Qld) Pty Ltd [2022] FedCFamC2G 919 Ruttley v Willis Brothers Installation (Qld) Pty Ltd [2022] FedCFamC2G 430 Sayed v Construction, Forestry, Mining and Energy Union (2016) 239 FCR 336; [2016] FCAFC 4