Maritime Union of Australia v Fair Work Ombudsman

The Maritime Union of Australia (MUA) appealed against a compensation order made by the Fair Work Ombudsman (FWO) in the Federal Court of Australia. The dispute involved the FWO imposing a compensation order on the MUA for damages or losses incurred due to contraventions of the Workplace Relations Act 1996 (Cth) and the Fair Work Act 2009 (Cth). The primary judge had found that the MUA's actions caused loss or damage and had assessed the compensation accordingly. The central issues for the court were whether the primary judge had correctly determined that the contraventions by the MUA caused the loss or damage and whether the primary judge had correctly calculated the value of the compensation.

The court examined whether the primary judge had erred in finding that the contraventions by the MUA had caused loss or damage, specifically assessing the loss of the opportunity for employment. The court considered that the value of compensation should be determined by reference to probabilities and possibilities. The court also scrutinised whether the primary judge had erred in calculating the value of compensation, taking into account the available evidence regarding the value of the lost opportunity and the proper discount for contingencies. The court found that the primary judge had erred in the assessment and calculation of compensation.

The court allowed the appeal in part and varied the compensation order made by the Court on 27 March 2015. The court substituted $134,000 for $352,100 and $196,000 for $371,200. The Federal Court Rules 2011 were referenced for the entry of orders. The court's decision adjusted the compensation amount based on a re-evaluation of the evidence and the applicable legal standards.