Fair Work Ombudsman v Australian Shooting Academy Pty Ltd

The Fair Work Ombudsman initiated proceedings against Australian Shooting Academy Pty Ltd and its director, Michael Joseph Murphy, for contraventions of the Fair Work Act 2009 (Cth) and the Amusement, Events and Recreation Award 2010. The dispute centred on the drafting and enforcement of individual flexibility arrangements which were found to breach the Act and Award. The key issue was whether the respondents' actions constituted serious breaches warranting a penalty and if so, the appropriate level of penalty considering the mitigating factors.

The court was tasked with determining whether the contraventions warranted a penalty, and if so, the appropriate level considering the significant mitigating factors presented. The court found that the contraventions were admitted and serious, with the employees coerced into signing the arrangements. However, mitigating factors such as the respondents' cooperation, the absence of significant financial gain, and the efforts to rectify the situation were taken into account. The court considered these factors in determining the level of penalty to be imposed.

The court determined that the contraventions warranted penalties under the Fair Work Act, with the company to pay $25,000.00 and the director to pay $5,000.00. The penalties were set considering the admitted breaches and the mitigating factors. The respondents were also ordered to pay compensation to the affected employee. The penalties and compensation were to be paid within 30 days of the order, and the application was otherwise dismissed.

The orders included the payment of penalties and compensation within 30 days, with the specific amounts and timelines set out in the order. The court finalised the orders under Rule 39.32 of the Federal Court Rules 2011, ensuring compliance with the statutory requirements.