› contravention of National Employment Standards pursuant to s 44(1) of the Fair Work Act 2009 (Cth)
› failure to pay redundancy pay contrary to s 119(1) of the Fair Work Act
› effect of first respondent being placed in administration
› relevance of insolvency to imposition of penalty
Corporations
› whether s 546(4) of the Fair Work Act has effect that penalties imposed under the Act are provable in winding up of company despite s 553B of the Corporations Act 2001 (Cth)
Corporations
› where leave to proceed against a company in administration granted pursuant to s 440D(1)(b) of the Corporations Act
› where leave granted on the basis that company would be indemnified by insurer
› where no admissible evidence subsequently before the Court regarding position of insurer
Costs
› costs sought under s 570(2)(b) of the Fair Work Act
› whether refusal of settlement offer was an unreasonable act
Case Details
Citation[2016] FCA 244
CourtFCA
JurisdictionCommonwealth
Decision Date16 March 2016
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