Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Austal Ships Pty Ltd (No 2)

The parties to this case are the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (the Union) and Austal Ships Pty Ltd (Austal). The dispute revolves around alleged contraventions of sections 501 and 502 of the Fair Work Act 2009 (Cth) by Austal in refusing entry to a union official. The legal issues before the court were whether the agreed penalty was within the range of appropriate penalties for the conduct and whether the payment of the penalty should be directed to the Union.

The court considered the principles for determining an appropriate penalty, noting that it involves an instinctive synthesis of relevant factors. It highlighted that the purpose of a civil penalty is primarily to promote public interest in compliance with the legislation through deterrence. The court observed that Austal's conduct reflected a reasonable but erroneous view of what the law required and that it was unlikely to reoffend given the circumstances. The court concluded that the agreed penalty was within the appropriate range and that it was appropriate to make the declarations sought by the Union.

The court's reasoning led to the conclusion that the agreed penalty was appropriate and that it was proper to direct the payment of the penalty to the Union. The court's final orders were made in terms sought by the Union, including declarations and the payment of the agreed penalty.