INDUSTRIAL LAW - penalties under Fair Work Act 2009 (Cth) for employer's contraventions of award - whether conduct constituted single contravention under s 557 - consideration of phrase "arose out of course of conduct" - contraventions held to be distinct in point of time and purpose - consideration of pecuniary penalties where contraventions at lower end of consequence
INDUSTRIAL LAW - multiple, overlapping contraventions of ss 482 and 502 of Fair Work Act 2009 (Cth) - whether contraventions could be considered one episode of conduct - consideration of penalties for contraventions judged to be serious departures from norms - application of totality principle for penalties - application that penalties be paid to union
COSTS - application for costs where no entitlement for successful applicant under Fair Work Act 2009 (Cth) unless "unreasonable act or omission under s 570(2) - consideration of respondents' conduct against legislative criterion - application for indemnity costs upheld
COSTS - application under r 42.16 Federal Court Rules 2011 for contempt of court - consideration of r 42.16 - whether a party can apply for a direction under r 42.16
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