AMIEU v Greenmountain Food Processing

The Australian Workers' Union (AWU) brought proceedings against Greenmountain Food Processing Pty Ltd (Greenmountain) in the Federal Court of Australia, alleging contravention of section 501 of the *Fair Work Act 2009* (Cth). The admitted contravention related to Greenmountain's failure to comply with a notice issued under section 501 of the Act. The primary issue before the court was the determination of an appropriate pecuniary penalty for this admitted breach.

The court was required to determine the quantum of the pecuniary penalty to be imposed on Greenmountain for its contravention of section 501 of the *Fair Work Act 2009* (Cth). This involved considering the purpose of penalties under the Act, which includes deterring future contraventions and holding employers accountable for their conduct.

In reaching its decision, Judge Vasta considered the nature of the contravention and the need for deterrence. The court noted that while the breach was admitted, it still warranted a penalty to uphold the integrity of the industrial relations framework. The penalty was ordered to be paid to the Commonwealth, reflecting the public interest in compliance with the *Fair Work Act 2009* (Cth).