General Manager of the Fair Work Commission v McGiveron

In the Fair Work Commission, the General Manager of the Fair Work Commission brought proceedings against McGiveron and Burton, officers of the Western Australian Branch of the Transport Workers Union (TWU), for contraventions of the Fair Work (Registered Organisations) Act 2009 (Cth). The primary issue before the court was the assessment of penalties for these contraventions. Specifically, the court had to consider the appropriate penalties for McGiveron's and Burton's admitted breaches of sections 285, 286, and 287 of the Act, which pertain to the exercise of powers with care and diligence, in good faith, and for proper purposes.

The court examined the nature of the obligations contravened by McGiveron and Burton, focusing on whether their actions met the standards of care, diligence, good faith, and proper purpose as required by the Act. The penalties were determined based on the severity and frequency of the contraventions, as well as the maximum penalties allowable under the Act. The court found that McGiveron's contraventions occurred before 28 December 2012, thus attracting a maximum penalty of $6,600 per contravention, while Burton's contraventions occurred after this date, with a maximum penalty of $10,200 per contravention. The penalties were assessed in light of these maxima and the specific circumstances of each contravention.

The court imposed specific pecuniary penalties on McGiveron and Burton for their admitted contraventions, with the penalties varying according to the nature and extent of the breaches. The penalties were structured to reflect the seriousness of the contraventions and to provide appropriate deterrence. Additionally, the court ordered that the penalties be paid to the Commonwealth. The penalties were also subject to conditions, including stays on the operation of the penalties for certain periods to allow for payment. These detailed orders are set out in Schedules A and B to the court's decision.