Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building & Construction Commissioner v Inner Strength Steel Fixing Pty Ltd [2012] FCA 499 Citation: Australian Building & Construction Commissioner v Inner Strength Steel Fixing Pty Ltd [2012] FCA 499
Parties: AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER v INNER STRENGTH STEEL FIXING PTY LTD (ACN 124 136 214)
File number: WAD 306 of 2011
Judge: GILMOUR J
Date of judgment: 17 May 2012
Catchwords: INDUSTRIAL LAW – penalties – sham contracting - admitted contraventions of ss 900 and 902 of the Workplace Relations Act 1996 (Cth) and s 357 of the Fair Work Act 2009 (Cth) – agreed penalty – relevant considerations in assessing the appropriateness of the agreed penalty
Legislation: Workplace Relations Act 1996 (Cth) ss 4, 728, 841(a), 900, s 902(1), 904(2) Fair Work Act 2009 (Cth) ss 12, 357, 546(2), 546(3)(a), 550 Crimes Act 1914 (Cth) s 4AA
Cases cited: Attorney-General v Tichy (1982) 30 SASR 84 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2012] FCA 189 Fair Work Ombudsman v Offshore Marine Services Pty Ltd [2012] FCA 498 Kelly v Fitzpatrick (2007) 166 IR 14 Leighton Contractors Pty Ltd v Construction, Forestry, Mining and Energy Union (2006) 164 IR 375 Mason v Harrington Corporation Pty Ltd [2007] FMCA 7 Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Ponzio v B&P Caelli Constructions Pty Ltd (2007) 158 FCR 543 White v Construction, Forestry, Mining and Energy Union [2011] FCA 192
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