United Voice v Academy Services Pty Ltd (No.2)

In *United Voice v Academy Services Pty Ltd (No.2)*, heard by Judge Heffernan, the dispute concerned the penalty phase following a finding at trial that Academy Services Pty Ltd had contravened a workplace agreement. The court was tasked with determining the appropriate civil pecuniary penalty to be imposed.

The central legal issue before the court was the quantum of the penalty to be imposed on Academy Services Pty Ltd for its contravention of the workplace agreement. This involved considering various factors relevant to the assessment of penalties in industrial law matters.

Judge Heffernan's reasoning focused on the principles governing the imposition of civil pecuniary penalties. The court considered the seriousness of the contravention, the need for deterrence, the size and capacity of the employer, and any steps taken by the employer to remedy the contravention or prevent future breaches. The court applied established legal principles for penalty assessment, aiming to achieve both punishment and deterrence. The court ordered Academy Services Pty Ltd to pay a civil pecuniary penalty.