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Maritime Union of Australia v Fair Work Ombudsman [2016] FCAFC 102

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INDUSTRIAL LAW - parties negotiating enterprise agreement - strike action taken - some employees continued to work during strike action - appellants published a poster naming five such employees "scabs" - primary judge found appellants contravened s 346(c) of the Fair Work Act 2009 (Cth) ("FW Act") - whether primary judge erred in finding the employees were prejudiced, directly or indirectly, in their employment - findings made by primary judge provide more than adequate support that prejudice occurred in their employment - whether compensation awarded by primary judge failed to differentiate between the employees - whether compensation was manifestly excessive - no error in compensation awarded by primary judge - whether penalties imposed by primary judge were manifestly excessive, involving "double punishment" - no error in penalties imposed by primary judge

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