BRIODY v Macquarie Bank Limited (No.2)

In BRIODY v Macquarie Bank Limited (No.2), heard before Judge Street, the applicants sought the imposition of a pecuniary penalty against the respondent, Macquarie Bank Limited, following a determination that the respondent had contravened provisions of the *Fair Work Act 2009* (Cth). The dispute centred on the appropriate penalty to be ordered in light of these contraventions.

The primary legal issue before the Court was whether a penalty should be imposed and, if so, the quantum of that penalty. In determining this, the Court was required to consider the principles of specific and general deterrence in the context of industrial law and penalty provisions.

Judge Street reasoned that a penalty was necessary to achieve both specific deterrence, by discouraging the respondent from future contraventions, and general deterrence, by sending a message to other employers about the importance of compliance with workplace laws. The Court considered the nature and seriousness of the contraventions in assessing the appropriate level of penalty.

The Court ordered that the respondent pay a pecuniary penalty of $110,000.00 to the applicants who had succeeded in obtaining relief, with payment to be made within 14 days.