Federal Court of Australia
Federal Court of Australia
Scarati v Republic of Italy (No 3) [2024] FCA 55 File number(s): VID 536 of 2020
Judgment of: MCELWAINE J
Date of judgment: 8 February 2024
Catchwords: INDUSTRIAL LAW – determination of compensation and penalties for breaches of the Clerks – Private Sector Award 2010 and ss 45 and 535 of the Fair Work Act 2009 (Cth) (FW Act) – application for compensation pursuant to s 545(2)(b) of the FW Act – application for pecuniary penalties pursuant to s 546 of the FW Act – where respondent failed to pay annual leave loading over a period of six years – where respondent failed to make available employee records and failed to maintain employee records in the English language – respondent ordered to pay compensation, interest and pecuniary penalties to the applicant – application for general damages for hurt, distress and suffering refused COSTS – application for costs pursuant to s 570(2)(b) of the FW Act by reason of the respondent's unreasonable behaviour in the conduct of the litigation – respondent ordered to pay applicant's costs on an indemnity basis
Legislation: Fair Work Act 2009 (Cth) ss 16, 18, 45, 87, 90, 535, 539, 545, 546, 557, 570 Clerks – Private Sector Award 2010 Clerks – Private Sector Award 2020
Cases cited: Allina Pty Ltd v Federal Commissioner of Taxation (1991) 28 FCR 203 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; 274 CLR 450 Australian Competition and Consumer Commission v Airbnb Ireland UC [2023] FCA 1633 Australian Licensed Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd [2011] FCAFC 333; 193 FCR 526 Commissioner of State Revenue v Pioneer Concrete (Vic) Pty Ltd [2002] HCA 43; 209 CLR 651 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner [2018] FCAFC 97; 264 FCR 155 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; 269 ALR 1 Construction, Forestry, Mining and Energy Union v State of Victoria (No 2) [2013] FCA 1034 Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (the Hutchinson Ports Appeal) [2019] FCAFC 69 Fair Work Ombudsman v NSH North Pty Ltd [2017] FCA 1301 King v Melbourne Vicentre Swimming Club Inc [2021] FCAFC 123 PT Garuda Indonesia Ltd v Australian Competition and Consumer Commission [2011] FCAFC 52; 192 FCR 393 Republic of Italy (Minister of Foreign Affairs and International Cooperation – Adelaide Consulate) v Benvenuto [2018] FCAFC 64; 261 FCR 19 Sayed v Construction, Forestry, Mining and Energy Union [2016] FCAFC 4 Scarati v Republic of Italy (No 2) [2023] FCA 1269 Scarati v Republic of Italy [2023] FCA 1264 Trade Practices Commission v CSR Ltd [1990] FCA 762 Victoria v Construction, Forestry, Mining, and Energy Union [2013] FCAFC 160; 218 FCR 172
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