Fair Work Ombudsman v National Union of Workers

The matter between the Fair Work Ombudsman and the National Union of Workers was heard in the Federal Circuit Court of Australia. The dispute involved allegations that the NUW had contravened various sections of the Fair Work Act 2009 (Cth) by organising industrial action in contravention of Fair Work Commission orders. The primary legal issues were whether the NUW had organised industrial action on two separate occasions, whether these actions arose from a single course of conduct, and if the NUW could be penalised for both contraventions under the Act.

The court examined the definitions and scope of "organise" under the Fair Work Act and concluded that the NUW had indeed organised industrial action on at least two occasions. The court found that the NUW had organised the industrial action on two separate dates, despite the actions being part of a broader period of industrial activity. It was determined that the actions did not arise from a single course of conduct, thus the NUW was liable to pay a pecuniary penalty for each contravention. The court further considered the principles of civil double jeopardy and found that while the NUW was liable for both contraventions, the penalty for the second contravention would be taken into account as an aggravating factor in determining the quantum of the penalty for the first contravention.

The court imposed financial penalties for the contraventions of the Fair Work Act, taking into account the totality principle and the NUW's limited cooperation, resulting in a 10% discount on the penalties. The total penalties imposed amounted to $72,900.00. The court also ordered compensation for the company's losses as proposed by the NUW and made declarations as per the agreed terms. No order was made regarding costs.