Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) [2018] FCAFC 126

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) [2018] FCAFC 126 Appeal from: Australian Building and Construction Commissioner v Hanna (No 3) [2017] FCCA 2519

File number: QUD 610 of 2017

Judges: TRACEY, LOGAN AND BROMWICH JJ

Date of judgment: 14 August 2018

Catchwords: INDUSTRIAL LAW – appeal from a judgment of the Federal Circuit Court – where the primary judge had imposed civil penalties on the Construction, Forestry, Maritime, Mining and Energy Union in the maximum amounts available for six contraventions of s 500 of the Fair Work Act 2009 (Cth) – whether the primary judge erred by failing to treat the appellant's contraventions as arising out of a course of conduct – whether the primary judge erred by finding that the union official was the public face of the appellant – whether the primary judge erred by treating each of the six contraventions as being in the worst possible category – whether the primary judge erred by imposing a penalty that was, in all the circumstances, manifestly excessive

Legislation: Builders Labourers' Federation (Cancellation of Registration) Act 1986 (Cth) Competition and Consumer Act 2010 (Cth) Conciliation and Arbitration Act 1904 (Cth) ss 38, 38(d), 44, 44(1), 119 Crimes Act 1914 (Cth) ss 4AA, 4B(3) Fair Work Act 2009 (Cth) Pt 3-4, ss 12, 348, 357A(1), 484, 486, 487, 500, 512, 539(1), 539(2), 540, 544, 546(1), 550, 550(1), 550(2)(c), 557, 557(1), 557(2), 793 Fair Work (Registered Organisations) Act 2009 (Cth) Industrial Relations Act 1988 (Cth) s 178 Workplace Relations Act 1996 (Cth) Work Health and Safety Act 2011 (Qld)