Federal Court of Australia
Federal Court of Australia
Fair Work Ombudsman v Winit (AU) Trade Pty Ltd [2023] FCA 1200 File number: NSD 147 of 2021
Judgment of: SNADEN J
Date of judgment: 11 October 2023
Catchwords: INDUSTRIAL LAW – breach of award and statutory obligations – significant underpayments – adverse action – agreed contraventions – serious contraventions – pecuniary penalties – appropriateness of declaratory relief – primacy of deterrence in setting penalties – application of "totality", "accessorial liability" and "course of conduct" principles –penalties imposed
Legislation: Crimes Act 1914 (Cth), s 4AA Fair Work Act 2009 (Cth) ss 13, 14, 44, 45, 124, 125, 340, 341, 342, 536, 539, 545, 546, 550, 557, 570 Fair Work Regulations 2009 (Cth) reg 3.46 Storage Services and Wholesale Award 2010
Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450 Construction, Forestry, Mining and Energy Union v Cahill (2010) 269 ALR 1 Fair Work Ombudsman v PTES 928 Pty Ltd [2023] FCA 934 Ibeneweka v Egbuna [1964] 1 WLR 219
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 136
Date of hearing: 23 March 2023
Counsel for the Applicant: Mr Y Shariff SC with Ms L Johnston
Solicitor for the Applicant: Office of the Fair Work Ombudsman
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