Blandy v Coverdale NT Pty Ltd

In Blandy v Coverdale NT Pty Ltd, Sharon Maree Blandy, the State Director of the Northern Territory Office of the Workplace Ombudsman, brought proceedings against Coverdale NT Pty Ltd for underpaying its employees' wages. The dispute involved six employees, aged between 14 and 18, who were allegedly underpaid their minimum hourly rates, overtime, and other allowances as stipulated by the Award. The employees either denied signing Australian Workplace Agreements (AWAs) or could not recall doing so, and Coverdale could only produce one improperly witnessed AWA.

The court had to decide the appropriate penalty for Coverdale's breaches of the Workplace Relations Act 1996. The legal issues included the nature and extent of the conduct, the circumstances of the breaches, and whether they were deliberate. The court considered the non-exhaustive list of considerations for determining penalties, such as the nature and extent of the conduct, the circumstances, and the need for deterrence.

The court found Coverdale's conduct to be a significant period of continual breaches, with the underpayments amounting to a significant proportion of the total actual wages paid to the employees. The court assessed the appropriate penalty for each breach and applied the totality principle to determine the aggregate total penalty. After considering the factors presented by both parties, the court decided on a penalty of $45,000 for Coverdale's breaches.