WARDMAN v Macquarie Bank Limited (No.2)

In the matter of *Wardman v Macquarie Bank Limited (No.2)*, heard before Judge Street, the dispute concerned the imposition of a pecuniary penalty against Macquarie Bank Limited. The applicants had succeeded in obtaining relief in prior proceedings, and this hearing focused on the quantum of the penalty to be imposed under section 546 of the *Fair Work Act 2009* (Cth).

The central legal issue before the Court was whether a penalty should be imposed on the respondent and, if so, the appropriate amount. This required consideration of the principles of specific and general deterrence in the context of industrial law penalties.

Judge Street determined that a penalty was warranted, applying the principles of specific deterrence to discourage Macquarie Bank Limited from engaging in similar conduct in the future, and general deterrence to deter other entities from contravening the *Fair Work Act 2009*. The Court ordered the respondent to pay a pecuniary penalty of $110,000.00 to the applicants who had succeeded in obtaining relief, with payment due within 14 days.