Nabi v New ERA Balustrading and Anor (No.2)

In *Nabi v New ERA Balustrading and Anor (No.2)*, the applicant brought civil penalty proceedings against the first respondent, New ERA Balustrading, and the second respondent, pursuant to section 546(1) of the *Fair Work Act 2009* (Cth). The dispute concerned allegations of the exercise of a workplace right and associated underpayments. The matter came before Judge Humphreys.

The central legal issue before the court was the determination of an appropriate penalty to be imposed on the respondents, given that the parties had reached an agreement regarding the penalty amount. The court was required to consider the contraventions of the *Fair Work Act 2009* (Cth) and the agreed penalty in making its determination.

Judge Humphreys imposed a penalty of $20,000.00 on the first respondent, New ERA Balustrading, and a penalty of $10,000.00 on the second respondent. These penalties were ordered to be paid to the applicant. Additionally, the first and second respondents were ordered to pay the applicant a limited costs order in the amount of $770.00, jointly and severally.