Cozadinos v Construction, Forestry, Mining and Energy Union [2010] FCA 48

FEDERAL COURT OF AUSTRALIA

Cozadinos v Construction, Forestry, Mining and Energy Union [2010] FCA 48 Citation: Cozadinos v Construction, Forestry, Mining and Energy Union [2010] FCA 48

Parties: MICHELLE COZADINOS v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, DANNY BERARDI and ROBERT ANTHONY MATES

File number: VID 119 of 2009

Judge: MARSHALL J

Date of judgment: 9 February 2010

Catchwords: INDUSTRIAL LAW – penalty hearing – contraventions of ss 38 and 43 of the Building and Construction Industry Improvement Act 2005 (Cth) by first and third respondents – contraventions admitted – determination of penalties to be imposed

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 38, 43 Workplace Relations Act 1996 (Cth)

Cases cited: Cahill v Construction, Forestry, Mining and Energy Union [2008] FCA 495 cited Cahill v Construction, Forestry, Mining and Energy Union (No 3) (2009) 178 IR 89; [2009] FCA 52 cited Cahill v Construction, Forestry, Mining and Energy Union (No 4) [2009] FCA 1040 referred to Construction, Forestry, Mining and Energy Union v Williams [2009] FCAFC 171 applied Cozadinos v CFMEU [2008] FMCA 1591 cited Cruse v Multiplex Limited (2008) 172 FCR 279 cited Cruse v Construction, Forestry, Mining and Energy Union [2009] FCA 787 cited Draffin v Construction, Forestry, Mining and Energy Union (2009) 179 IR 83; [2009] FCA 243 cited Draffin v Construction, Forestry, Mining and Energy Union [2009] FCAFC 120 applied Gregor v CFMEU [2009] FMCA 1266 cited Ponzio v B & P Caelli Constructions Pty Ltd (2007) 158 FCR 543 cited Stuart-Mahoney v Construction, Forestry, Mining and Energy Union (2008) 177 IR 61; [2008] FCA 1426 referred to Temple v Powell (2008) 169 FCR 169 referred to Williams v Construction, Forestry, Mining and Energy Union (2009) 179 IR 441; [2009] FCA 223 cited