Connelly v BlueScope Steel (AIS) Pty Ltd (No.3)

In *Connelly v BlueScope Steel (AIS) Pty Ltd (No.3)*, the Federal Circuit and Family Court of Australia was required to assess and award compensation to the applicant under section 545 of the *Fair Work Act 2009* (Cth) for the respondent's breach of section 323 of the Act. This assessment followed earlier findings regarding the respondent's contravention. The court also considered the principle of mitigation of damages and the potential for a pecuniary penalty to be paid personally to the applicant under section 546(3)(c) of the Act.

The central legal issues before the court were the quantum of compensation payable to the applicant, the application of the mitigation principle in determining that compensation, and whether a pecuniary penalty should be imposed and, if so, whether it should be paid directly to the applicant. These issues arose in the context of a breach of section 323 of the *Fair Work Act 2009* (Cth), which concerns the payment of wages.

The court's reasoning focused on applying established principles of compensation and damages assessment to the specific facts of the case. It considered the extent to which the applicant had taken steps to mitigate their loss and how this impacted the amount of compensation recoverable. The court also analysed the provisions of the *Fair Work Act 2009* (Cth) relating to pecuniary penalties, including the circumstances under which such penalties might be ordered and the discretion to direct payment to an applicant. The court ultimately determined the appropriate compensation payable to the applicant and considered the imposition of a pecuniary penalty.