Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Palmerston Police Station Case) [2021] FCAFC 7

Federal Court of Australia

Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Palmerston Police Station Case) [2021] FCAFC 7 Appeal from: Australian Building and Construction Commissioner v Menon [2020] FCA 1418

File number: NTD 19 of 2020

Judgment of: KATZMANN, GRIFFITHS AND BROMWICH JJ

Date of judgment: 4 February 2021

Catchwords: INDUSTRIAL LAW— appeal against quantum of pecuniary penalties for contraventions of s 500 of Fair Work Act 2009 (Cth) — where penalties imposed on appellant union a higher proportion of the maximum penalties for each contravention than those imposed on its officials, whether penalties manifestly excessive — whether reliance on appellant's history of contraventions indicates that the sentencing discretion miscarried — whether primary judge misapplied parity principle

Legislation: Fair Work Act 2009 (Cth) ss 500, 550, 570, 793

Cases cited: Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Dinsdale v The Queen [2000] HCA 54; 202 CLR 321 House v The King (1936) 55 CLR 499 Parker v Australian Building and Construction Commissioner [2019] FCAFC 56; 270 FCR 39 Pattinson v Australian Building and Construction Commissioner [2020] FCAFC 177; 384 ALR 75; 299 IR 404 Postiglione v The Queen (1997) 189 CLR 295 Veen v the Queen (No 2) (1988) 164 CLR 465

Division: Fair Work Division