Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building & Construction Commissioner v Construction, Forestry, Mining & Energy Union [2011] FCA 810 Citation: Australian Building & Construction Commissioner v Construction, Forestry, Mining & Energy Union [2011] FCA 810
Parties: AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, JOSEPH MCDONALD and MICHAEL BUCHAN
File number: WAD 106 of 2009
Judge: GILMOUR J
Date of judgment: 21 July 2011
Catchwords: INDUSTRIAL LAW – penalties – agreement between applicant and respondent on amount of penalty – whether within permissible range – factors to be considered – object of statute – whether other relevant contraventions are to be taken into account – totality principle COMPENSATION – whether actual damages suffered by conduct of another person as a result of the contravention – causation – object of statute – whether mitigation of losses.
Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 3, 4(1), 5, 36, 38, 43, 49(1), 69 Fair Work (Registered Organisations) Act 2009 (Cth) s 512 Workplace Relations Act 1996 (Cth) ss 170MN, 770, 740 Fair Work Act 2009 (Cth) s 512 Crimes Act 1914 (Cth) s 4AA(1) Federal Court of Australia Act 1976 (Cth) ss 21 Trade Practices Act 1974 (Cth) s 82 Industrial Relations Act 1979 (WA)
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