Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cruse v Construction, Forestry, Mining & Energy Union [2009] FCA 787
INDUSTRIAL LAW – penalty hearing – admitted contraventions of s 38 of the Building and Construction Industry Improvement Act 2005 (Cth) – agreed penalty – relevant considerations in assessing appropriateness of agreed penalty Building and Construction Industry Improvement Act 2005 (Cth) ss 38, 49, 69 Crimes Act 1914 (Cth) s 4AA Duffy v Construction, Forestry, Mining & Energy Union (No 2) [2009] FCA 299, referred to Stuart-Mahoney v Construction, Forestry, Mining & Energy Union [2008] FCA 1426, referred to Temple v Powell (2008) 169 FCR 169, referred to Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72, applied
WARREN CRUSE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and NOEL WASHINGTON
VID 800 of 2008
MARSHALL J
29 JULY 2009
HOBART (HEARD IN MELBOURNE)
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION VID 800 of 2008
BETWEEN: WARREN CRUSE
Applicant
AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
First Respondent
NOEL WASHINGTON
Second Respondent
JUDGE: MARSHALL J
DATE OF ORDER: 29 JULY 2009
WHERE MADE: HOBART (HEARD IN MELBOURNE)
THE COURT DECLARES THAT:
1. On 6 October 2006, each of the respondents contravened s 38 of the Building and Construction Industry Improvement Act 2005 (Cth) ("the Act") by engaging in unlawful industrial action.
THE COURT ORDERS THAT:
1. A penalty of $10,000 is imposed on the first respondent for contravening s 38 of the Act. 2. A penalty of $5,000 is imposed on the second respondent for contravening s 38 of the Act. 3. The penalties imposed on the respondents are to be paid into the Consolidated Revenue Fund on or before 28 August 2009. 4. The proceeding is otherwise dismissed. 5. Each party bear his or its own costs in relation to the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
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