Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v Professional Gyprock Solution Pty Ltd [2011] FCA 1393 Citation: Australian Building and Construction Commissioner v Professional Gyprock Solution Pty Ltd [2011] FCA 1393
Parties: AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER v PROFESSIONAL GYPROCK SOLUTION PTY LTD (ABN 97 122 170 843) and LIN QIAO
File number: WAD 51 of 2011
Judge: BARKER J
Date of judgment: 9 December 2011
Catchwords: INDUSTRIAL LAW - penalty hearing - where contravention of Fair Work Act 2009 (Cth) and Fair Work Regulations 2009 (Cth) admitted by the respondents - where penalty agreed between the parties - appropriateness of agreed penalty
Legislation: Crimes Act 1914 (Cth) s 4AA Fair Work Act 2009 (Cth) s 535(1), s 536(1), s 557(1) Fair Work Regulations 2009 (Cth) r 3.44(1)
Cases cited: Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith [2008] FCAFC 8; (2008) 165 FCR 560 Construction, Forestry, Mining and Energy Union v Safety Glass Pty Ltd [2010] FCA 989 Finance Sector Union of Australia v Commonwealth Bank of Australia [2005] FCA 1847; (2005) 224 ALR 467 McDonald v Australian Building and Construction Commissioner [2011] FCAFC 29 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Ponzio v BP Caelli Constructions Pty Ltd [2007] FCAFC 65; (2007) 158 FCR 543 Wong v The Queen [2001] HCA 64; (2001) 207 CLR 584 Wotherspoon v Construction, Forestry, Mining and Energy Union [2010] FCA 11
Date of hearing: 19 August 2011
Place: Perth
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