Hill v St Anthony's Tennis Club (No 2)

The respondents, Mr. and Mrs. Hill, brought proceedings against the St Anthony's Tennis Club in the Federal Circuit and Family Court of Australia. They sought declarations and pecuniary penalties in relation to their dismissal from the tennis club. This summary focuses on the pecuniary penalty awarded by the Court in relation to the dismissal of the applicants from the tennis club and the dismissal of the club's application for costs. The club cross-claimed for costs against the applicants under section 546(3)(c) of the Fair Work Act 2009 (Cth).

The Court was required to determine the appropriate penalty for the club's contravention of section 340(1) of the Fair Work Act 2009 (Cth), which prohibits adverse action taken against an employee on the basis of their participation in industrial activities. The Court also had to assess whether the applicants acted unreasonably or vexatiously in relation to the claims on which they failed.

The Court held that the club contravened section 340(1) of the Fair Work Act 2009 (Cth) by dismissing the applicants from the club for their involvement in industrial activities. The Court found that the dismissals were not genuine operational requirements and were instead a form of adverse action. The Court determined that the appropriate penalty for this contravention was $12,000, considering the gravity of the contravention and the club's capacity to pay. The Court also dismissed the club's application for costs, finding that the applicants did not act unreasonably or vexatiously in relation to the claims on which they failed.

The Court ordered that the club pay a pecuniary penalty in the sum of $12,000 for its contravention of section 340(1) of the Fair Work Act 2009 (Cth) and that the club pay the pecuniary penalty to the second applicant within 28 days after the day on which these orders were pronounced. The Court also dismissed the club's application for costs.