INDUSTRIAL LAW – application for declaratory relief and pecuniary penalties for contraventions of numerous provisions of the Fair Work Act 2009 (Cth) (Act) – where employer made admissions to contraventions of the Restaurant Industry Award 2010 (Award) by failing to display the Award and National Employment Standards, pay annual leave entitlements, pay superannuation contributions and give notice or payment in lieu on termination of employment – where parties agreed to orders in respect of unpaid wages and annual leave entitlements and outstanding superannuation guarantee payments – where respondent proposed range of pecuniary penalties – whether amount of penalties within the respondents’ proposed range sufficiently high to achieve specific and general deterrence – whether penalties should be paid, in equal amounts, to the applicants or into Consolidated Revenue Fund – whether applicants entitled to compensation for loss of growth in superannuation funds – whether applicant entitled to recover on his quantum meruit claim amounts payable under National Minimum wage as a casual employee – Held: total penalties imposed of $150,000 on the first respondent and $50,000 on the second respondent payable in equal amounts to each applicant
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0671
For more information, see the original judgement.
