Federal Court of Australia
Federal Court of Australia
Fair Work Ombudsman v Sushi Bay Pty Ltd (in liq) (No 3) [2024] FCA 869 File number: NSD 122 of 2022
Judgment of: KATZMANN J
Date of judgment: 5 August 2024
Catchwords: INDUSTRIAL LAW – pecuniary penalties – where respondents found to have contravened multiple civil remedy provisions of Fair Work Act 2009 (Cth) and Fair Work Regulations 2009 (Cth) – what penalties are appropriate — where director of corporate respondents found to have been involved in contraventions, whether she should be treated differently from the corporate respondents for the purpose of s 557(1) of Act – where corporate respondents in liquidation and unable pay compensation, whether order should also be made that part of the penalty ordered to be paid to applicant by company director involved in contraventions should be paid out by applicant to employees
Legislation: Fair Work Act 2009 (Cth), ss 546(1), 546(3), 550(1), 550(3), 557(1), 557A Fair Work Regulations 2009 (Cth), reg 4.03A
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Queensland Infrastructure Case) (2017) 254 FCR 68 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Perth Airport Case) (2017) 249 FCR 458 Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450 Australian Competition and Consumer Commission v Employsure Pty Ltd [2023] FCAFC 5; 407 ALR 302; 164 ACSR 103 Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 2) [2005] FCA 254; 215 ALR 281; (2005) ATPR¶42-051 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Australian Competition and Consumer Commission v Yazaki Corporation (2018) 262 FCR 243 Australian Securities and Investments Commission v Westpac Banking Corporation (The Consumer Credit Insurance Case) [2022] FCA 359; 158 ACSR 647 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (2019) 272 FCR 290 Fair Work Ombudsman v DTF World Square Pty Ltd (in liq) (No 4) [2024] FCA 341 Fair Work Ombudsman v Lohr [2018] FCA 5; 158 ALD 457 Fair Work Ombudsman v NSH North Pty Ltd t/as New Shanghai Charlestown [2017] FCA 1301; 275 IR 148 Fair Work Ombudsman v PTES 928 Pty Ltd [2023] FCA 934 Fair Work Ombudsman v Sushi Bay Pty Ltd (in liq) (No 2) [2024] FCA 76 Flight Centre Ltd v Australian Competition and Consumer Commission (No 2) (2018) 260 FCR 68 Green v The Queen (2011) 244 CLR 462 Jones v Dunkel (1959) 101 CLR 298 Kelly v Fitzpatrick [2007] FCA 1080; 166 IR 14 Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Port Kembla Coal Terminal Ltd v Construction, Forestry, Mining and Energy Union (2016) 248 FCR 18 Rocky Holdings Pty Ltd v Fair Work Ombudsman (2014) 221 FCR 153 Secretary, Department of Health and Ageing v Prime Nature Prize Pty Ltd (in liq) [2010] FCA 597 Trade Practices Commission v CSR Ltd [1991] ATPR ¶41-076
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