Ghobrial v Spectrum Migrant Resource Centre

Link copied
Case Copied 45 min read

Federal Circuit and Family Court of Australia

(DIVISION 2)

Ghobrial v Spectrum Migrant Resource Centre [2022] FedCFamC2G 358

File number(s): MLG 3754 of 2020
Judgment of: JUDGE BLAKE
Date of judgment: 17 November 2022 
Catchwords: INDUSTRIAL LAW – Pecuniary penalties – Applicant alleged, inter alia, failure to consult with the Applicant prior to the termination of his employment on redundancy grounds as required by the Social, Community, Home Care and Disability Services Award 2010 – where contraventions were admitted promptly - assessment of penalty to be imposed - where Respondent submitted no penalty should be imposed because no quantifiable loss for the Applicant and because consultation unlikely to have negated outcome – Respondent’s submission ignores authorities on the importance of consultation – other factors assessed – HELD Respondent to pay pecuniary penalties for two contraventions of Award.
Legislation:

Fair Work Act 2009 (Cth) ss 45, 546(1), 557, 557A, 557A(1), 557A(2).

Social, Community, Home Care and Disability Services Industry Award 2010 cc 8, 8.1, 8.2.

Workplace Relations Act 1996 (Cth) ss 170GA, 170GA(1)(b).

Cases cited:

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 249 FCR 458

Australian Building and Construction Commissioner v Pattinson [2022] HCA 13

Australian Competition and Consumer Commission  v BAJV Pty Ltd [2014] FCAFC 52

Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith [2008] FCAFC 8

Boyd v Glenvill Pty Ltd (No 2) [2021] FedCFamC2G 164

Civil Air Operations Officers Association of Australia v Airservices Australia (No 2) [2021] FCA 993

Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Limited [2010] FCA 591

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Limited (No 2) [2010] FCA 652

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Optus Administration Pty Ltd (AW791910 Print L4596)

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Vodafone Network Pty Ltd (C2001/5770 PR911257)

Construction, Forestry, Mining and Energy Union v Cahill (2010) 269 ALR 1

Construction, Forestry, Mining and Energy Union v Newcastle Wallsend Coal Company Ltd (C2758 Dec 1533/98 S Print R0234)

Construction, Forestry, Mining and Energy Union v Williams [2009] FCAFC 171

Fair Work Ombudsman v NSH North Pty Ltd t/as New Shanghai Charlestown [2017] FCA 1301

Hansen v Mt Martha Community Learning Centre Inc (No 2) [2015] FCA 1283

Kelly v Fitzpatrick [2007] FCA 1080

Mason v Harrington Corporation Pty Ltd [2007] FMCA 7

NW Frozen Foods  Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285

Parker & Ors v Australian Building and Construction Commissioner (2019) 365 ALR 402

Port Louis Corporation v Attorney-General of Mauritius [1965] AC 1111

Sayed v Construction, Forestry, Mining and Energy Union 239 (2016) FCR 336

Sinfield v London Transport Executive [1970] 1 Ch 550

TVW Enterprises Ltd v Duffy (No 2) (1985) 7 FCR 172

Division: Division 2 General Federal Law
Number…
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Ghobrial v Spectrum Migrant Resource Centre and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2022] FedCFamC2G 358
Decision Date

CaseChat Overview and Summary

This case involved an application for the imposition of pecuniary penalties against Spectrum Migrant Resource Centre for contraventions of the Social, Community, Home Care and Disability Services Industry Award 2010. The Applicant, Mr Ghobrial, alleged that Spectrum had failed to consult with him prior to terminating his employment on redundancy grounds as required by the Award. Spectrum admitted the contraventions. The Court had to decide the appropriate amount of penalty to be imposed on Spectrum for the contraventions. The Court considered various factors, including the nature and extent of the contraventions, whether the contraventions were deliberate, the size of the business, contrition, co-operation and corrective action, and the need for deterrence. The Court found that the contraventions were serious, and imposed a penalty of $25,200 for the first contravention and $6,300 for the second contravention. The Court ordered Spectrum to pay the penalties to Mr Ghobrial within 30 days of the date of the reasons.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.