Draffin v Construction, Forestry, Mining and Energy Union [2009] FCA 243

FEDERAL COURT OF AUSTRALIA

Draffin v Construction, Forestry, Mining and Energy Union [2009] FCA 243

INDUSTRIAL RELATIONS – contraventions of ss 43 and 45 of the Building Industry Improvement Act 2005 (Cth) – contraventions of s 298P of the Workplace Relations Act 1996 (Cth) – contraventions admitted – determination of penalty to be imposed Building and Construction Industry Improvement Act 2005 (Cth) ss 43, 45, 69 Workplace Relations Act 1996 (Cth) s 298P National Building and Construction Industry Award 2000 Australian Competition & Consumer Commission v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2004] FCA 517 cited Draffin v Construction, Forestry, Mining and Energy Union [2007] FCA 2011 cited Stuart-Mahoney v Construction, Forestry, Mining and Energy Union [2008] FCA 1426 applied JOHN WILLIAM DRAFFIN v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, STEVE ALLEN, GERARD BENSTEAD, BILL OLIVER and WALTON CONSTRUCTIONS PTY LTD

VID 221 of 2007

MARSHALL J

17 MARCH 2009

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 221 of 2007

BETWEEN: JOHN WILLIAM DRAFFIN

Applicant

AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

First Respondent

STEVE ALLEN

Second Respondent

GERARD BENSTEAD

Third Respondent

BILL OLIVER

Fourth Respondent

WALTON CONSTRUCTIONS PTY LTD

Fifth Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 17 MARCH 2009

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. A penalty of $18,000 is imposed on the first respondent for contravening s 43 of the Building and Construction Industry Improvement Act 2005 (Cth) (the BCII Act). 2. A penalty of $2,000 is imposed on the first respondent for contravening s 45 of the BCII Act. 3. A penalty of $750 is imposed on the first respondent for breaching s 298P of the Workplace Relations Act 1996 (Cth) ("the WR Act"). 4. A penalty of $2,000 is imposed on each of the third and fourth respondents for breach of s 43 of the BCII Act. Such penalty to be wholly suspended for 12 months from the date of this order if these respondents are not found to have breached any provision of the BCII Act as a result of conduct occurring within 12 months of these orders they will not be obliged to pay the penalties. 5. Subject to paragraph 4, the penalties imposed in paragraphs 1, 2, 3 and 4 of this order be paid into Consolidated Revenue by 30 April 2009. 6. It is declared that on 16 November 2005 the second respondent contravened ss 43 and 45 of the BCII Act and s 298P of the WR Act. 7. It is declared that on 16 November 2005 the third and fourth respondents contravened s 45 of the BCII Act and s 298P of the WR Act.