Federal Court of Australia
Federal Court of Australia
Heal v Sydney Flames Basketball Pty Ltd (No 2) [2024] FCA 794 File number(s): NSD 98 of 2023
Judgment of: HALLEY J
Date of judgment: 19 July 2024
Catchwords: INDUSTRIAL LAW – imposition of pecuniary penalty under s 546 of the Fair Work Act 2009 (Cth) (Act) for failure to provide payslips pursuant to s 536 of the Act – where respondent admitted to the contravention in the primary proceedings – whether contravention arose out of a single course of conduct – assessment of need for general and specific deterrence – contravention arose out of single course of conduct – discount applied for respondent's acknowledgement and admission of the contravention – penalty to be paid to applicant in accordance with usual practice COSTS – application by respondent for costs pursuant to s 570(2)(b) of the Act – whether applicant's unreasonable acts or omissions caused respondent to incur costs – respondent seeks order that applicant is to pay 40% of its costs – whether applicant was unreasonable in pursuing and maintaining claims which failed even on his own evidence – discretion conferred by s 570(2)(b) should be exercised cautiously – application for costs dismissed
Legislation: Crimes Act 1914 (Cth) s 4AA Fair Work Act 2009 (Cth) ss 12, 341, 536, 539, 546, 557, 570 Trade Practices Act 1974 (Cth) Fair Work Regulations 2009 (Cth) reg 3.42
Cases cited: Australian and International Pilots Association v Qantas Airways (No 3) (2007) 162 FCR 392; [2007] FCA 879 Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450; [2022] HCA 13 Australian Rail, Tram and Bus Industry Union v Railway Employment Co Pty Ltd (2015) 237 FCR 290; [2015] FCA 710 Australian Workers Union v Leighton Contractors Pty Limited (No 2) [2013] FCAFC 23 Construction, Forestry, Mining and Energy Union v Clarke (2008) 170 FCR 574; [2008] FCAFC 143 Cultural Office of Embassy of State of Kuwait v Solima Dahdah v Platinum Distributors Australia Pty Ltd (Costs) [2023] FCAFC 102 EFEX Group Pty Ltd v Bennett (No 2) [2023] FCA 798 Fair Work Ombudsman v 85 Degrees Coffee Australia Pty Ltd [2024] FCA 576 Fair Work Ombudsman v Commonwealth Bank of Australia [2024] FCA 81 Fair Work Ombudsman v Grouped Property Services Pty Ltd (No 2) [2017] FCA 557 Fair Work Ombudsman v Hu (No 2) [2019] FCAFC 175 Heal v Sydney Flames Basketball Pty Ltd [2024] FCA 401 Howard v Merdaval Pty Ltd t/as North Essendon Auto Spares) (No 2) [2020] FCA 1762 Payne v Secure Melbourne Protective Services Pty Ltd (No 2) [2023] FCA 1579 Peters v Commonwealth of Australia (No 2) [2022] FCA 135 PIA Mortgage Services Pty Ltd v King (2020) 274 FCR 225; [2020] FCAFC 15 PIA Mortgage Services Pty Ltd v King (No 2) [2020] FCAFC 53 Rocky Holdings Pty Ltd v Fair Work Ombudsman (2014) 221 FCR 153; [2014] FCAFC 62 Rossetti v Aus Gold Mining Group Pty Ltd [2018] FCA 1649 Ryan v Primesafe (2015) 323 ALR 107; [2015] FCA 8 Sayed v Construction, Forestry, Mining and Energy Union (2016) 239 FCR 336; [2016] FCAFC 4 Sivwright v St Ives Group Pty Ltd [2022] FCA 136 Spotless Services Australia Limited v The Hon Senior Deputy President Jeanette Marsh [2004] FCAFC 155 Tablot v Tesolin Consulting Pty Ltd t/as Ray White Quakers Hill [2023] FCA 925 Trade Practices Commission v CSR Ltd [1990] ATPR 41-076 Tran v Kodari Securities Pty Ltd (No 2) [2020] FCA 1819
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