Australian Federation of Air Pilots v Geraldton Air Charter Pty Ltd

The Australian Federation of Air Pilots (AFAP) brought proceedings against Geraldton Air Charter Pty Ltd (Geraldton Air Charter) in the Federal Court of Australia, alleging contraventions of the applicable award and the *Fair Work Act 2009* (Cth). The dispute concerned Geraldton Air Charter's failure to provide its employees with rosters in accordance with the relevant industrial award and its failure to provide them with the Fair Work Information Statement.

The primary legal issues before the Court were whether Geraldton Air Charter had contravened the *Fair Work Act 2009* (Cth) and the applicable award by failing to provide rosters and the Fair Work Information Statement, and if so, what penalty should be imposed for these admitted contraventions.

In determining the penalty, Judge Kendall considered various factors relevant to the imposition of penalties for contraventions of industrial instruments and legislation. These factors typically include the nature and seriousness of the contraventions, the size and capacity of the employer, the employer's history of compliance, and the need for deterrence. The Court applied the principles governing penalty provisions under the *Fair Work Act 2009* (Cth) and the relevant award to assess an appropriate financial penalty.

Geraldton Air Charter was ordered to pay a penalty for the admitted contraventions.