Federal Court of Australia
Federal Court of Australia
Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Appeal) [2023] FCAFC 63 Appeal from: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Case) (No 2) [2022] FCA 19
File number: NSD 86 of 2022
Judgment of: LOGAN, THOMAS AND RAPER JJ
Date of judgment: 2 May 2023
Catchwords: INDUSTRIAL LAW – civil penalties – contravention of s 500 of the Fair Work Act 2009 (Cth) – determination of the appropriate penalty – whether account may be taken of "extra-curial punishment" in the form of having an entry permit revoked or suspended under s 510 of the Fair Work Act – whether the Court erred in taking into account the principle of proportionality – appeal allowed – remittal to primary judge
Legislation: Building and Construction Industry (Improving Productivity) Act 2016 (Cth) s 47 Fair Work Act 2009 (Cth) ss 497, 500, 503, 510, 546, 550, 793
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Case) (No 2) [2022] FCA 19 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Case) [2021] FCA 920; 309 IR 353 Australian Building and Construction Commissioner v Holl (The Wheeler Cranes Case) [2021] FCA 1480 Australian Building and Construction Commissioner v Pattinson (2022) 96 ALJR 426 Australian Competition and Consumer Commission v Multimedia International Services Pty Ltd (2016) 243 FCR 392 Einfield v R [2010] NSWCCA 87 Fair Work Ombudsman v Austrend International Pty Ltd (No 2) [2020] FCA 1193 Fair Work Ombudsman v Lam [2021] FCA 205 Fair Work Ombudsman v South Jin Pty Ltd (No 2) [2016] FCA 832 Markarian v The Queen (2005) 228 CLR 357 Pattinson v Australian Building and Construction Commissioner (2020) 282 FCR 580 Silvano v R [2008] NSWCCA 118 Stanley v Director of Public Prosecutions (NSW) (2023) 296 ALJR 107 Wong v The Queen (2001) 207 CLR 584
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