Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry and Maritime Employees Union v Fair Work Ombudsman (Cross River Rail Appeal) (No 2) [2024] FCAFC 55 Appeal from: Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2023] FedCFamC2G 101 Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (No 2) [2023] FedCFamC2G 564
File number(s): QUD 322 of 2023
Judgment of: HALLEY, GOODMAN AND MCELWAINE JJ
Date of judgment: 9 May 2024
Catchwords: INDUSTRIAL LAW – appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) – redetermination of pecuniary penalties following limited success of appeal and setting aside of penalty order – consideration of course of conduct and totality principles – need for specific deterrence – where pecuniary penalties have previously been imposed on each of the respondents for breaches of the Fair Work Act 2009 (Cth)
Legislation: Crimes Act 1914 (Cth) s 4AA Fair Work Act 2009 (Cth) ss 499, 500, 546, 557
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 53; 249 FCR 458 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Pacific Highway Upgrade Case) (No 4) [2022] FedCFamC2G 608 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; 274 CLR 450 Australian Building And Construction Commissioner v Rielly (No 3) [2022] FedCFamC2G 1 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) [2018] FCAFC 126; 265 FCR 208 Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (Cross River Rail Appeal) [2024] FCAFC 1 Construction, Forestry, Maritime, Mining and Energy Union v Richard Crookes Constructions Pty Ltd [2022] FCA 992 Darlaston v Parker [2010] FCA 771; 189 FCR 1 Fair Work Ombudsman v Construction, Forestry, Maritime and Energy Union (No 2) [2023] FedCFamC2G 564 Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2022] FedCFamC2G 101 Fair Work Ombudsman v Rielly [2023] FCA 1144]
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate