Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Blue Sky Kids Land Pty Ltd (in liq) (No 4) [2024] FCA 1475 File number: NSD 1444 of 2019
Judgment of: KATZMANN J
Date of judgment: 20 December 2024
Catchwords: INDUSTRIAL LAW – pecuniary penalties – where respondents found to have contravened multiple civil remedy provisions of Fair Work Act 2009 (Cth), what penalties are appropriate INDUSTRIAL LAW – where employer failed to make superannuation contributions to any superannuation funds on behalf of certain employees, what orders should be made to compensate them for their losses
Legislation: Crimes Act 1914 (Cth) s 4AA Fair Work Act 2009 (Cth) ss 12, 44, 45, 90(2), 117, 323, 535, 536, 545(2)(b), 546, 556, 557, 557A, 570, sch 1 cl 18 Superannuation Guarantee (Administration) Act 1992 (Cth) ss 19, 23 Superannuation Guarantee Charge Act 192 (Cth) s 5
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Quest Apartments Case) (No 2) [2018] FCA 163; 358 ALR 725 Australian Building and Construction Commissioner v Huddy (No 2) [2017] FCA 1088 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 Basi v Namitha Nakul Pty Ltd (No 2) [2023] FCA 671 Canturi v Sita Coaches Pty Ltd (2002) 116 FCR 276 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; 269 ALR 1; 194 IR 461 Fair Work Ombudsman v DTF World Square Pty Ltd (in liq) (No 4) [2024] FCA 341 Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liq) (No 8) [2024] FCA 483 Fair Work Ombudsman v Ho [2024] FCAFC 111 Fair Work Ombudsman v NSH North Pty Ltd t/as New Shanghai Charlestown [2017] FCA 1301; 275 IR 148 Fair Work Ombudsman v Sushi Bay Pty Ltd (in liq) (No 3) [2024] FCA 869 Flight Centre Ltd v Australian Competition and Consumer Commission (No 2) (2018) 260 FCR 68 Green v The Queen (2011) 244 CLR 462 Rocky Holdings Pty Ltd v Fair Work Ombudsman (2014) 221 FCR 153 Roy Morgan Research Ltd v Federal Commissioner of Taxation (2011) 244 CLR 97 Royer v Western Australia [2009] WASCA 139; 197 A Crim R 319
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate