Federal Court of Australia
Federal Court of Australia
Australian Salaried Medical Officers' Federation v Peninsula Health (No 3) [2024] FCA 1255 File number: VID 115 of 2021
Judgment of: BROMBERG J
Date of judgment: 31 October 2024
Catchwords: INDUSTRIAL LAW – pecuniary penalties – contraventions of s 50 of the Fair Work Act 2009 (Cth) – course of conduct and s 557(1) of Act – whether leave should be given for applicants to first allege at the penalty hearing that contraventions were "serious contraventions" within the meaning of s 557A(1) of Act – consideration of appropriate penalties to be imposed
Legislation: Fair Work Act 2009 (Cth) ss 50, 539, 546, 557, 557A, 570 Federal Court Rules 2011 (Cth) r 8.21
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The North Queensland Stadium Case) (No 2) [2021] FCA 105 Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450 Australian Salaried Medical Officers' Federation v Peninsula Health [2023] FCA 939 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2015) 230 FCR 298 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39 Fair Work Ombudsman v 85 Degrees Coffee Australia Pty Ltd [2024] FCA 576 Parker v Australian Building and Construction Commissioner (2019) 270 FCR 39 Rocky Holdings Pty Ltd v Fair Work Ombudsman (2014) 221 FCR 153 Sayed v Construction, Forestry, Mining and Energy Union (2016) 239 FCR 336
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