Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2012] FCA 189 Citation: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2012] FCA 189
Parties: AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and SHAUN REARDON
File number: VID 948 of 2010
Judge: BROMBERG J
Date of judgment: 6 March 2012
Catchwords: 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
Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 38, 69
Cases cited: Alfred v CFMEU [2011] FCA 556 BHP Steel (AIS) Pty Ltd v CFMEU [2001] FCA 336 Cahill v CFMEU (No 4) [2009] FCA 1040 Cozadinos v CFMEU [2010] FCA 48 Hoare v the Queen (1989) 167 CLR 348 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 NW Frozen Foods Pty Ltd v ACCC (1996) 71 FCR 285 Ponzio v B & P Caelli Constructions (2007) 158 FCR 543 R v Valentini (1980) 48 FLR 416 Stuart v CFMEU (2010) 185 FCR 308 Stuart- Mahoney v CFMEU [2008] FCA 1426 Temple v Powell (2008) 169 FCR 169 Veen v The Queen (No 1) (1979) 143 CLR 458 Veen v The Queen (No 2) (1988) 164 CLR 465 Wells v Locano Management Pty Ltd [2008] FCA 1034
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