Australian Licensed Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd (No 2)

In the case of Australian Licensed Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd (No 2), the applicant, the Australian Licensed Aircraft Engineers Association, sought compensation and penalties against the respondent, International Aviation Service Assistance Pty Ltd, under the Fair Work Act 2009 (Cth). The dispute arose from the dismissal of Mr Djoko Puspitono, an employee of the respondent, and subsequent actions taken by the respondent in relation to his employment. The applicant alleged that the respondent's actions contravened sections 340(1) and 346(1) of the Fair Work Act by dismissing Mr Puspitono and making a negative assessment on his Garuda Authorisation application form.

The legal issues before the court included the calculation of pre-judgment interest on the compensation awarded, the appropriateness of imposing a pecuniary penalty under section 546 of the Fair Work Act, and whether costs should be awarded under section 570 of the Act. The court had to consider the nature of the respondent's contraventions, whether they were innocent or inadvertent, and the severity of the consequences of the respondent's actions.

The court found that pre-judgment interest should be awarded on the various heads of loss, calculating the total compensation including pre-judgment interest at $94,572.02. The court deemed the imposition of a pecuniary penalty appropriate, as the contraventions were not innocent or inadvertent, and the respondent had been aware of the issues through prior litigation. The court concluded that the respondent's actions, including the dismissal of Mr Puspitono and the negative assessment, were calculated to achieve his dismissal, thereby contravening the Fair Work Act. However, the court did not find the respondent's refusal of a settlement proposal to be an unreasonable act, and thus declined to award costs.

The final orders of the court included the respondent paying compensation to Mr Puspitono, including pre-judgment interest, in the sum of $94,572.02, a pecuniary penalty of $10,000, and the penalty to be paid to the applicant. No order was made as to costs, and the compensation and penalty were to be paid within 14 days of the date of the judgment.