Tahi v Oxican Pty Ltd (No.2)

Tahi (the applicant) brought proceedings against Oxican Pty Ltd (the respondent) seeking pecuniary penalty orders for contraventions of the *Fair Work Act 2009* (Cth). The dispute concerned alleged breaches of the National Employment Standards and an applicable award.

The primary legal issue before the Court was the assessment of an appropriate pecuniary penalty for the respondent's contraventions. This involved considering the principles of deterrence, both specific and general, and the need for the penalty to reflect the totality of the respondent's conduct and maintain proportionality.

In assessing the penalty, his Honour Judge Jarrett considered the nature and seriousness of the contraventions, the respondent's objective circumstances, and the need to deter future contraventions by the respondent and others in similar positions. The Court applied principles of statutory interpretation to determine the scope of the respondent's obligations and the impact of its conduct. The Court also considered the respondent's approach to compliance and its engagement with the applicant during the proceedings.

The Court ordered the respondent to pay a pecuniary penalty.