Construction, Forestry, Mining and Energy Union v Director of Fair Work Building Industry Inspectorate [2014] FCAFC 101

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Director of Fair Work Building Industry Inspectorate [2014] FCAFC 101 Citation: Construction, Forestry, Mining and Energy Union v Director of Fair Work Building Industry Inspectorate [2014] FCAFC 101

Appeal from: Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 770

Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, JOHN SETKA, SHAUN REARDON, DEREK CHRISTOPHER, ELIAS SPERNOVASILIS, BILL OLIVER, RALPH EDWARDS, GARETH STEPHENSON and CRAIG JOHNSTON v DIRECTOR OF FAIR WORK BUILDING INDUSTRY INSPECTORATE

File number: VID 432 of 2014

Judges: BUCHANAN, GORDON AND WIGNEY JJ Date of judgment: 8 August 2014 Catchwords: INDUSTRIAL LAW – application of s 553 of the Fair Work Act 2009 (Cth) – where applicant convicted of criminal contempt in the Supreme Court of Victoria – whether proceedings for pecuniary penalty order stayed or dismissed in so far as there is conduct that is substantially the same – whether s 553 operates where contempt of court alleged

Legislation: Fair Work Act 2009 (Cth) Workplace Relations Amendment (Work Choices) Act 2005 (Cth)

Cases cited: Adler v Australian Securities and Investments Commission (2003) 46 ACSR 504 Attorney-General (NSW) v Whiley (1993) 31 NSWLR 314 Australian Securities and Investments Commission v Sigalla (No 4) [2011] NSWSC 62 Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd (2003) 216 CLR 161 Construction, Forestry, Mining and Energy Union v Director of Fair Work Building Industry Inspectorate [2014] FCA 802 Fair Work Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 770 Grocon v Construction, Forestry, Mining and Energy Union [2013] VSC 275 Grocon v Construction, Forestry, Mining and Energy Union (No 2) [2014] VSC 134 Hinch v Attorney-General (Vic) (1987) 164 CLR 15 Lee v New South Wales Crime Commission (2013) 87 ALJR Pearce v The Queen (1998) 194 CLR 610 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Re Bramblevale Ltd [1970] 1 Ch 128 R v Hoar (1981) 148 CLR 32 Witham v Holloway (1995) 183 CLR 525 Australian Law Reform Commission, Principled Regulation; Federal Civil and Administrative Penalties in Australia, Report No 95 (2002)