Federal Circuit and Family Court of Australia
(DIVISION 2)
Fair Work Ombudsman v Equine Robinson Pty Ltd [2023] FedCFamC2G 159
File number(s): BRG 195 of 2022 Judgment of: JUDGE EGAN Date of judgment: 3 March 2023 Catchwords: INDUSTRIAL LAW – Application for imposition of pecuniary penalties for non-compliance with compliance notice – where respondents admitted legislative contraventions and agreed to the filing of an Agreed Statement of Facts – where no contrition shown – where no payment made to an employee for a small sum of money – where lack of contrition and failure to comply with orders of the Court did not justify the application of any discounting for the purpose of calculation of an appropriate penalty – where orders made accordingly. Legislation: Fair Work Act 2009 ss. 716(5), 550(2), 550(1) and 546(1) Cases cited: ACE Insurance Limited v Trifunovski (No. 2) [2012] FCA 793
Fair Work Ombudsman v AJR Nominees Pty Ltd (No. 2) [2014] FCA 128
Division: Division 2 General Federal Law Number of paragraphs: 15 Date of last submission/s: 2 March 2023 Date of hearing: 2 March 2023 Place: Brisbane Solicitor for the Applicant: Norton Rose Fulbright: Mr Wichlinski The Respondents: No appearance by or on behalf of the Respondents ORDERS
BRG 195 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: FAIR WORK OMBUDSMAN
Applicant
AND: EQUINE ROBINSON PTY LTD
First Respondent
OCEAN ROBINSON
Second Respondent
order made by:
JUDGE EGAN
DATE OF ORDER:
3 MARCH 2023
IT IS ORDERED THAT:
1.Pursuant to the provisions of s. 546(1) of the Fair Work Act 2009 (Cth):
(a)The First Respondent pay a pecuniary penalty in the amount of $18,315.00 to the Commonwealth of Australia Consolidated Revenue Fund on or before 4.00pm on 2 April 2023 by reason of its contravention of the provisions of s. 716(5) of the Fair Work Act 2009 (Cth) by failing to comply with the compliance notice given to it on 9 July 2021;
(b)The Second Respondent pay a pecuniary penalty in the amount of $3,663.00 to the Commonwealth of Australia Consolidated Revenue Fund on or before 4.00pm on 2 April 2023 by reason of her involvement (within the meaning of s. 550(2) of the Fair Work Act 2009 (Cth)) in the First Respondent’s contravention of the provisions of s. 716(5) of the Fair Work Act 2009 (Cth).
2.The Applicant have liberty to apply on the giving of two (2) days’ notice by it to the Respondents in the event of any failure on the part of either the First Respondent or the Second Respondent to comply with the orders of the Court as set out in paragraph 1 hereof.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal…
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- Case
- [2023] FedCFamC2G 159
- Decision Date
CaseChat Overview and Summary
The Court considered the principles of penalty imposition under the Fair Work Act, emphasizing the need for general deterrence and the importance of marking the law's disapproval of non-compliant conduct. Despite the respondents' cooperation in filing an Agreed Statement of Facts, the absence of contrition and payment to the employee meant that no discount should be applied to the penalties. The Court referenced previous cases to guide its decision, highlighting that penalties must be meaningful to achieve deterrence. Based on these considerations, the Court imposed penalties of 55% of the maximum allowable amounts for each respondent.
In its final orders, the Court directed that Equine Robinson Pty Ltd pay a penalty of $18,315 and Ocean Robinson pay a penalty of $3,663. The penalties were due by 2 April 2023. Additionally, the Fair Work Ombudsman was granted liberty to apply for enforcement if the respondents failed to comply with the Court's orders.
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