INDUSTRIAL LAW - penalties - whether penalties should be paid to appellant under s 546(3) of the Fair Work Act 2009 (Cth) - consideration of the "usual order" that person (or entity) who brings successful contravention proceeding is entitled to be paid any pecuniary penalty imposed - policy considerations - primary judge erred in finding that appellant should not receive payment of penalties because it would deliver a "windfall" - "windfall" principle problematic - payment of penalties to appellant would not deliver "windfall" in any case
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