Goswami v BPL Adelaide Pty Ltd (No 2)

In *Goswami v BPL Adelaide Pty Ltd (No 2)*, Judge Young of the Federal Court of Australia considered the imposition of pecuniary penalties against the respondent company, BPL Adelaide Pty Ltd, for contraventions of the *Fair Work Act 2009* (Cth). The dispute arose from the respondent's actions concerning the applicant employee, which included taking disciplinary action beyond the scope of the relevant enterprise agreement, failing to consult the applicant about significant changes to their work arrangements, and failing to remunerate the applicant in accordance with the enterprise agreement.

The court was required to determine the appropriate pecuniary penalties to be imposed for these contraventions. This involved considering the nature and extent of the contraventions, the respondent's conduct, and other factors relevant to the assessment of penalties under the *Fair Work Act 2009* (Cth).

Judge Young found that the respondent had contravened the Act in multiple respects. In determining the penalties, the court applied principles relating to deterrence, the seriousness of the contraventions, and the need to uphold the objects of the Act. The court ordered the respondent to pay a total pecuniary penalty of $25,000, comprising individual penalties for seven distinct contraventions. This total amount was ordered to be paid to the United Workers’ Union.