Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v University of Melbourne [2024] FCA 330 File number(s): VID 446 of 2022
Judgment of: DOWLING J
Date of judgment: 5 April 2024
Catchwords: INDUSTRIAL LAW – admitted contraventions of s 340 of the Fair Work Act 2009 (Cth) – agreed penalties and declarations – determination of contraventions – determination of appropriate penalties – determination of appropriateness of declarations – course of conduct – nature and seriousness of conduct – need for deterrence – corrective action – impact of contraventions – contrition – cooperation – penalties imposed – declarations made
Legislation: Crimes Act 1914 (Cth) s 4AA Evidence Act 1995 (Cth) s 191 Fair Work Act 2009 (Cth) ss 13, 14, 335, 340, 341, 342, 361, 539, 545, 546, 793 Federal Court of Australia Act 1976 (Cth) s 21 University of Melbourne Act 2009 (Vic) ss 4, 6
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113; 254 FCR 68 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; (2022) 399 ALR 599 Australian Competition and Consumer Commission v Employsure Pty Ltd [2023] FCAFC 5; 407 ALR 302 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39 Construction, Forestry, Mining and Energy Union v De Martin & Gasparini Pty Limited (No 3) [2018] FCA 1395 Construction, Forestry, Maritime, Mining and Energy Union v Milin Builders Pty Ltd [2019] FCA 1070 Construction, Forestry, Mining and Energy Union v Pilbara Iron Company (Services) Pty Ltd (No 4) [2012] FCA 894; 225 IR 113 Construction, Forestry, Mining and Energy Union v Williams [2009] FCAFC 171; 262 ALR 417 Mornington Inn Pty Ltd v Jordan [2008] FCAFC 70; 168 FCR 383 Pilbrow v The University of Melbourne [2022] FedCFamC2G 1001 Trade Practices Commission v CSR Ltd [1990] FCA 521, [1991] ATPR 41-076
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