Fair Work Ombudsman v Priority Matters Pty Ltd (No 5)

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FEDERAL CIRCUIT COURT OF AUSTRALIA

FAIR WORK OMBUDSMAN v PRIORITY MATTERS PTY LTD & ANOR (No 5)

FAIR WORK OMBUDSMAN v SUPERLATTICE SOLAR PTY LTD & ANOR (No 5)

FAIR WORK OMBUDSMAN v GENEASYS PTY LTD (IN LIQ) & ANOR (No 5)

FAIR WORK OMBUDSMAN v SILVERBROOK & ANOR (No 5)

FAIR WORK OMBUDSMAN v MPOWA PTY LTD & ANOR (No 5)

[2020] FCCA 901
Catchwords:
INDUSTRIAL LAW – Fair Work – assessment of penalties for established breaches of the Fair Work Act 2009 (Cth) by corporations and directors as accessories.

Legislation:

Fair Work Act 2009 (Cth), ss.23, 44, 45, 90, 99, 116, 117, 119, 293, 323, 328, 539, 542, 546, 550, 557, 570, 682
Federal Circuit Court of Australia Act 1999 (Cth) s.42
Federal Circuit Court Rules 2001 (Cth)
Federal Court of Australia Act 1976 (Cth), s.42
Therapeutic Goods Act 1989 (Cth)

Cases cited:

ACCC v Birubi Art Pty Ltd (in liq) [2019] FCA 996

ACCC v Chaste Corporation Pty Ltd (in liquidation) [2005] FCA 1212

ACCC v High Adventure Pty Ltd [2006] ATPR 42-091

ACCC v Leahy Petroleum Pty Ltd (No 2) (2005) 215 ALR 281

ACCC v Reckitt Benckiser (Australia) Pty Ltd (2016) 340 ALR 25

ACCC v Sensaslim Australia Pty Ltd (in liq) (No 7) [2016] FCA 484

ACCC v The Vales Wine Co Pty Ltd [1996] ATPR 41-528

ACE Insurance Limited v Trifunovski (No 2) [2012] FCA 793

Australian Communications Media Authority v Mobilegate (No 4) (2009) 261 ALR 326
Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560
CFMEU v Pilbara (No 4) [2012] FCA 894
Clean Energy Regulator v MT Solar Pty Ltd [2013] FCA 205
Commissioner of Taxation v Arnold (No 2) [2015] FCA 34
Commonwealth v Restar [2016] FCA 657
Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482
Construction, Forestry, Mining and Energy Union v Cahill (2010) 194 IR 461
Construction, Forestry, Mining and Energy Union and Others v Clark (2008) 170 FCR 574
Cousins v Merringtons Pty Ltd (No 2) [2008] VSC 340
Director of Consumer Affairs (Vic) v Xu (also known as Amy Meng) [2015] VCAT 984
Director of Consumer Affairs Victoria v Meng [2015] VSC 668
Deputy Commissioner of Taxation v Lee (No 2) [2019] NSWSC 954
Fair Work Ombudsman v AJR Nominees Pty Ltd (No 2) [2014] FCA 128
Fair Work Ombudsman v Bosen Pty Ltd [2011] VMC 81
Fair Work Ombudsman v China Sanan Engineering Construction Corp [2013] FCCA 1177
Fair Work Ombudsman v Cleaners NSW Pty Ltd (2009) 186 IR 467
Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (the Hutchison Ports Appeal) [2019] FCAFC 69
Fair Work Ombudsman v Contracting Solutions Australia Pty Ltd [2013] FCA 7
Fair Work Ombudsman v Fed Up Deli & Catering Pty Ltd (in Liquidation) (ACN 118 143 972) & Anor [2012] FMCA 738
Fair Work Ombudsman v Ghorbani-Palangi [2014] FCCA 447
Fair Work Ombudsman v ITAL One Holdings Pty Ltd & Anor [2019] FCCA 187
Fair Work Ombudsman v…

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Details
Case
[2020] FCCA 901
Decision Date

CaseChat Overview and Summary

The Federal Court of Australia, presided over by Judge Driver, considered the assessment of penalties against Priority Matters Pty Ltd and its directors for contraventions of the *Fair Work Act 2009* (Cth). The Fair Work Ombudsman had brought proceedings alleging breaches of the Act, and the court was tasked with determining appropriate penalties for the corporate respondent and its directors, who were alleged to be accessories to those contraventions.

The central legal issues before the court were the quantum of penalties to be imposed on Priority Matters Pty Ltd for its established breaches of the *Fair Work Act 2009* (Cth), and the extent to which the directors should be held liable as accessories for those contraventions. The court was required to consider the principles governing the imposition of penalties under the Act, including the need for deterrence, the seriousness of the contraventions, and the culpability of the respondents.

In assessing penalties, Judge Driver applied the principles established in case law concerning the assessment of penalties for contraventions of the *Fair Work Act 2009* (Cth). The court considered factors such as the nature and gravity of the contraventions, the period over which they occurred, the impact on employees, and the respondents' conduct, including any admissions or attempts to remedy the situation. The court also examined the role of the directors in the contraventions, determining their level of involvement and responsibility as accessories. The court ultimately made orders for the payment of penalties by both the company and its directors.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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