FEDERAL MAGISTRATES COURT OF AUSTRALIA
| JONES v HANSSEN PTY LTD | [2008] FMCA 291 |
| INDUSTRIAL LAW – Penalty – breaches of civil penalty provisions – lodgement of unapproved AWA – failure to lodge approved AWA within time – failure to provide employees with ready access and information statement – consideration of factors relevant to penalty. |
| Workplace Relations Act 1996 (Cth), ss.167(2)(a), 337, 341, 342, 407, 841 |
| Applicant: | ANDREW MARK JONES |
| Respondent: | HANSSEN PTY LTD |
| File Number: | PEG 183 of 2007 |
| Judgment of: | Lucev FM |
| Hearing date: | 5 November 2007 |
| Date of Last Submission: | 5 November 2007 |
| Delivered at: | Perth |
| Delivered on: | 11 March 2008 |
REPRESENTATION
| Counsel for the Applicant: | Ms G Archer |
| Solicitors for the Applicant: | Clayton Utz |
| Counsel for the Respondent: | Mr THF Casperz |
| Solicitors for the Respondent: | Jackson McDonald |
ORDERS
That in respect of each of the admitted contraventions of section 341 of the Workplace Relations Act 1996 (Cth) the Respondent pay a penalty of $11,550.00
That in respect of the admitted contravention of section 342 of the Workplace Relations Act 1996 (Cth) the Respondent pay a penalty of $750.00.
That in respect of each of the admitted contraventions of section 337(1) and (8) of the Workplace Relations Act 1996 (Cth) the Respondent pay a penalty of $5,775.00.
That in respect of each of the admitted contraventions of section 337(2) and (9) of the Workplace Relations Act 1996 (Cth) the Respondent pay a penalty of $5,775.00.
Payment of the penalties be made within 28 days to Consolidated Revenue.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT PERTH |
PEG 183 of 2007
| ANDREW MARK JONES |
Applicant
And
| HANSSEN PTY LTD |
Respondent
REASONS FOR JUDGMENT
Application
By application made on 12 September 2007 the Applicant, a workplace inspector appointed pursuant to s.167(2)(a) of the Workplace…
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- AGLC
- Jones v Hanssen Pty Ltd [2008] FMCA 291
- Case
- [2008] FMCA 291
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the quantification of penalties for the admitted contraventions of various sections of the Workplace Relations Act 1996 (Cth). The court needed to consider the nature and seriousness of the contraventions, as well as the intent behind them, to decide the appropriate financial penalties. This involved assessing the harm caused by the contraventions and the respondent's level of culpability.
The court found that the respondent's actions were deliberate and caused significant harm to the employee, warranting substantial penalties. It meticulously evaluated each contravention, taking into account the statutory guidelines and the precedents set by previous cases. After careful deliberation, the court decided on specific penalties for each contravention, reflecting the gravity of the breaches and the need for deterrence.
In summary, the court ordered Hanssen Pty Ltd to pay various penalties for the contraventions of sections 341, 342, 337(1) and (8), and 337(2) and (9) of the Workplace Relations Act 1996 (Cth). The penalties ranged from $750.00 to $11,550.00 per contravention, with a total payment due within 28 days to Consolidated Revenue.
Orders
Orders of the court
1.
That in respect of each of the admitted contraventions of section 341 of the Workplace Relations Act 1996 (Cth) the Respondent pay a penalty of $11,550.00
2.
That in respect of the admitted contravention of section 342 of the Workplace Relations Act 1996 (Cth) the Respondent pay a penalty of $750.00.
3.
That in respect of each of the admitted contraventions of section 337(1) and (8) of the Workplace Relations Act 1996 (Cth) the Respondent pay a penalty of $5,775.00.
4.
That in respect of each of the admitted contraventions of section 337(2) and (9) of the Workplace Relations Act 1996 (Cth) the Respondent pay a penalty of $5,775.00.
5.
Payment of the penalties be made within 28 days to Consolidated Revenue.
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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