Alfred v Construction, Forestry, Mining and Energy Union [2011] FCA 556

FEDERAL COURT OF AUSTRALIA

Alfred v Construction, Forestry, Mining and Energy Union [2011] FCA 556 Citation: Alfred v Construction, Forestry, Mining and Energy Union [2011] FCA 556

Parties: GREGORY ALFRED v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

File number: VID 390 of 2010

Judge: TRACEY J

Date of judgment: 2 June 2011

Catchwords: INDUSTRIAL LAW – unlawful industrial action – contravening conduct found to have occurred - penalty to be imposed – considerations to be taken into account

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 3, 37, 38, 44, 49, 69 Crimes Act 1914 (Cth) s 4AA

Cases cited: Australian Competition and Consumer Commission v IPM Operation and Maintenance Loy Yang Pty Ltd (No 2) [2007] FCA 1 cited Australian Opthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 cited Cahill v Construction, Forestry, Mining and Energy Union (No 4) (2009 189 IR 304 cited Construction, Forestry, Mining and Energy Union v Cahill (2010) 194 IR 461 referred to Construction, Forestry, Mining and Energy Union v Williams (2009) 262 ALR 417 cited Finance Sector Union of Australia v Commonwealth Bank of Australia (2005) 147 IR 462 cited Kelly v Fitzpatrick (2007) 166 IR 14 applied Leighton Contractors Pty Ltd v Construction, Forestry, Mining and Energy Union (2006) 164 IR 375 cited Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 referred to Pearce v R (1938) 9 A Crim R 146 considered Ponzio v B & P Constructions Pty Ltd (2007) 158 FCR 543 referred to Stuart v Construction, Forestry, Mining and Energy Union (2010 185 FCR 308 cited White v Construction, Forestry, Mining and Energy Union (2010 198 IR 470 compared White v Construction, Forestry, Mining and Energy Union [2011] FCA 192 cited, applied Williams v Construction, Forestry, Mining and Energy Union (No 2) [2009] FCA 548 cited