Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113 File number: QUD 257 of 2013

Judges: DOWSETT, GREENWOOD AND WIGNEY JJ

Date of judgment: 3 August 2017

Catchwords: INDUSTRIAL LAW – Building and Construction Industry Improvement Act 2005 (Cth) – unlawful industrial action – admitted contraventions – civil penalties – where parties provided agreed range as to penalties – where difficulty identifying precise number of contraventions – whether permissible and appropriate to impose a single penalty in respect of multiple contraventions – course of conduct principle – totality principle

Legislation: Constitution, s 51(xx) Acts Interpretation Act 1901 (Cth), ss 2C, 23 Building and Construction Industry Improvement Act 2005 (Cth) (repealed), ss 4, 36(1), 36(3)(b), 37, 38, 40, 43, 44, 45, 48(1)(a), 48(2), 49, 49(1), 49(2), 49(6), 69(1)(b) Competition and Consumer Act 2010 (Cth), ss 76(3), 76E(4) Competition and Consumer Act 2010 (Cth), Sch 2 (Australian Consumer Law), ss 18, 29(1)(a), 33 Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), ss 386-1, 386-10(1) Corporations Act 2001 (Cth) Crimes Act 1914 (Cth), s 4AA Evidence Act 1995 (Cth), s 191 Fair Work Act 2009 (Cth), ss 12, 298P(2), 546(1), 546(2), 557 Federal Court of Australia Act 1976 (Cth), ss 20(1A), 21 Trade Practices Act 1974 (Cth) (repealed), ss 45, 52, 53, 53C Work Relations Act 1966 (Cth) (repealed), s 187AA(1)(a)