Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd (No.2)

This decision concerned the assessment of pecuniary penalties against Duty Free Stores Gold Coast Pty Ltd (the respondent) for contraventions of section 340 of the *Fair Work Act 2009* (Cth). The applicant, Mr Pacheco-Hernandez, had brought proceedings alleging that the respondent had taken adverse action against him for exercising workplace rights. The matter was heard in the Federal Court of Australia by Judge Manousaridis.

The primary legal issue before the Court was to determine the appropriate pecuniary penalty to be imposed on the respondent for its contravention of section 340 of the *Fair Work Act*. This involved considering the purpose of pecuniary penalties under the Act, which is to deter future contraventions and to reflect the seriousness of the conduct.

Judge Manousaridis reasoned that the penalty should reflect the objective seriousness of the contravention, the need for deterrence, and the respondent's financial capacity. The Court considered the nature of the adverse action taken, the impact on the employee, and the respondent's conduct throughout the proceedings. The Court applied the principles of penalty assessment under the *Fair Work Act*, taking into account relevant case law on the imposition of penalties for contraventions of workplace laws.

The Court ordered the respondent to pay a pecuniary penalty of $10,000.