King v PIA Mortgage Services Pty Ltd and Ors (No.2)

In *King v PIA Mortgage Services Pty Ltd and Ors (No.2)*, heard in the Federal Court of Australia, the applicant sought penalties against the respondents for alleged contraventions of the *Fair Work Act 2009* (Cth). The dispute concerned the appropriate penalty to be imposed for contraventions of specific provisions of the Act.

The court was required to determine whether penalties should be imposed for contraventions of section 340(1) and section 90(2) of the *Fair Work Act 2009* (Cth). Additionally, the court considered the question of costs, specifically whether the requirements of section 570(2) of the Act had been satisfied.

His Honour Judge Street found no contravention of section 340(1) of the *Fair Work Act 2009* (Cth) by either respondent, and therefore imposed no penalty in respect of that alleged contravention. However, a penalty was imposed against the first respondent for contravention of section 90(2) of the Act. Regarding costs, the court was not satisfied that the requirements of section 570(2) of the *Fair Work Act 2009* (Cth) had been met, and consequently, no order for costs was made in favour of either party.