ARUNDELL v Macquarie Bank Limited (No.2)

In *Arundell v Macquarie Bank Limited (No.2)*, heard by Judge Street, the applicants sought the imposition of a pecuniary penalty against the respondent, Macquarie Bank Limited, under section 546 of the *Fair Work Act 2009* (Cth). The dispute concerned the appropriate penalty to be imposed following a finding of contravention.

The central legal issue before the court was whether a penalty should be imposed and, if so, the quantum of that penalty. This required the court to consider the principles of specific and general deterrence in the context of industrial law penalties.

Judge Street determined that a penalty was warranted, applying the principles of specific and general deterrence. The court reasoned that such penalties serve to discourage the contravening party from future breaches (specific deterrence) and to deter other entities from engaging in similar conduct (general deterrence). The court ordered Macquarie Bank Limited to pay a pecuniary penalty of $110,000.00 to the applicants who had succeeded in obtaining relief, with payment due within 14 days.