Director Of the Fair Work Building Industry Inspectorate v Zion Tiling Pty Ltd and Anor (No.2)

In *Director of the Fair Work Building Industry Inspectorate v Zion Tiling Pty Ltd and Anor (No.2)*, heard before Judge Lucev in the Federal Circuit and Family Court of Australia, the Director of the Fair Work Building Industry Inspectorate (the applicant) brought penalty proceedings against Zion Tiling Pty Ltd and Mr. Anthony John Zappia (the respondents) for alleged contraventions of the *Fair Work Act 2009* (Cth). The proceedings concerned the appropriate penalty to be imposed for these contraventions.

The court was required to determine the quantum of penalties to be imposed on the respondents for their contraventions of the *Fair Work Act 2009* (Cth). In addition, the court considered an application for an extension of time for the filing of submissions and the waiver of the associated filing fee.

Judge Lucev considered various factors relevant to the assessment of penalties in industrial law matters, including the nature and gravity of the contraventions, the size of the employer, the respondents' history of compliance, and the need for deterrence. The court applied established principles for penalty determination under the *Fair Work Act 2009* (Cth), balancing the punitive and deterrent objectives of penalties with considerations of fairness to the respondents. The court granted the extension of time for filing submissions and waived the filing fee, noting the circumstances presented by the respondents. The court then proceeded to determine the penalties.