Fair Work Ombudsman v the Respondent (Kwinana Bulk Jetty Case) (Penalty)
Citation: [2026] FCA 379
At a glance
- Penalty
- $9,324
- Employees affected
- 1
What happened
The Fair Work Ombudsman brought a penalty proceeding in the Federal Court of Australia against the Respondent following findings that the Respondent had contravened sections 343, 346 and 348 of the Fair Work Act 2009 (Cth). Those provisions protect employees from adverse action taken to coerce them or because they have exercised, or proposed to exercise, workplace rights. The case became known as the Kwinana Bulk Jetty Case. The penalty hearing required the court to assess the nature, extent and circumstances of the contraventions, any loss or damage suffered, the Respondent's contrition, prior contraventions, and the need for deterrence. The court also considered the double-jeopardy principle under section 556, which prevents a person being penalised twice for the same conduct.
What was decided
The Federal Court imposed a pecuniary penalty on the Respondent after finding contraventions of the general protections provisions of the Fair Work Act. In setting the penalty, the court weighed the seriousness of the conduct, the harm caused to affected workers, whether the Respondent showed remorse, any history of prior contraventions, and the need to deter similar conduct by others. The double-jeopardy provision under section 556 was applied to ensure the Respondent was not penalised more than once for the same underlying conduct. The precise penalty amount is not stated in the available source text.
What it means for employers
Employers and individuals who take adverse action against workers, whether to coerce them or because those workers have exercised a workplace right, risk civil penalty proceedings brought by the Fair Work Ombudsman. Courts will consider the seriousness of the conduct, prior contraventions and the need for general deterrence when setting penalty amounts. Contrition and cooperation may reduce the penalty, but will not eliminate it where the conduct is serious.
What it means for employees
Employees at the Kwinana Bulk Jetty and in similar workplaces are protected from coercion and adverse action when they exercise workplace rights. Where an employer or individual breaches those protections, the Fair Work Ombudsman can pursue penalties on employees' behalf. Any loss or damage suffered by affected workers is a factor the court considers when determining the appropriate penalty.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0379Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections