Maslen v Core Drilling Services Pty Ltd & Anor (No.2)

Maslen v Core Drilling Services Pty Ltd & Anor (No.2) concerned penalty proceedings brought by the applicant, Maslen, against the respondents, Core Drilling Services Pty Ltd and another, for alleged contraventions of the *Fair Work Act 2009* (Cth). The proceedings were heard in the Federal Court of Australia before Justice Lucev.

The court was required to determine whether the respondents had contravened specific provisions of the *Fair Work Act 2009* (Cth) and, if so, to consider the appropriate penalty. Additionally, the court was tasked with determining whether the proceedings had been instituted without reasonable cause or whether there had been an unreasonable act or omission by the applicant, which would be relevant to the question of costs.

Justice Lucev considered various factors relevant to the imposition of penalties under the *Fair Work Act 2009* (Cth), including the nature and seriousness of the contraventions, the size of the employer, the need for deterrence, and the respondents' cooperation with the investigation. In relation to costs, the court applied the principles governing the award of costs in industrial law proceedings, assessing whether the applicant's actions met the threshold for an award against them.

The court ultimately made orders regarding penalties for the contraventions found and made specific orders concerning the costs of the proceedings.