Bone v Mini Majhel Pty Ltd and Anor (No.2)

In *Bone v Mini Majhel Pty Ltd and Anor (No.2)*, the Federal Circuit and Family Court of Australia was required to determine the appropriate civil penalties to be imposed on the respondents, Mini Majhel Pty Ltd and Mr. Michael John Majhel, pursuant to section 546 of the *Fair Work Act 2009* (Cth). The proceedings concerned contraventions of the Act by the respondents.

The central legal issue before the Court was the quantum of civil penalties that should be ordered against the respondents, taking into account the nature and extent of the contraventions, the need for deterrence, and any other relevant factors.

Judge Tonkin considered the principles governing the imposition of civil penalties under the *Fair Work Act*. The Court's reasoning focused on the objective of civil penalties, which is not punitive but rather to encourage compliance with workplace laws. Factors such as the seriousness of the contraventions, the respondents' financial capacity, their history of compliance, and the need to deter future contraventions were all taken into account. The Court applied established case law regarding the assessment of penalties, aiming to strike a balance between the gravity of the breaches and the overall purpose of the penalty regime.

The Court ordered the respondents to pay specified civil penalties.