Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Helal v Brookfield Multiplex Limited [2012] FCA 653 Citation: Helal v Brookfield Multiplex Limited [2012] FCA 653
Parties: LINDA HELAL v BROOKFIELD MULTIPLEX LIMITED (ACN 008 687 063), CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and ROBERT ANTHONY MATES
File number: VID 469 of 2010
Judge: BROMBERG J
Date of judgment: 21 June 2012
Catchwords: INDUSTRIAL LAW – Building and Construction Industry Improvement Act 2005 (Cth) – coercive threat demanding employment of a "building employee" – imposition of pecuniary penalty – agreed penalty proposed – relevant considerations in assessing whether proposed penalty is appropriate.
Legislation: Building and Construction, Industry Improvement Act 2005 (Cth) ss 5, 43(1)(a), 57, 69 Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) s 21
Cases cited: Stuart-Mahoney v Construction, Forestry, Mining and Energy Union [2008] FCA 1426 Temple v Powell (2008) 169 FCR 169 Cahill v Construction, Forestry, Mining and Energy Union (No 4) [2009] FCA 1040 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 Hills v Sutton [2007] FCA 2033 Wells v Locarno Management Pty Ltd [2008] FCA 1034 Alfred v Construction, Forestry, Mining and Energy Union [2011] FCA 556 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2012] FCA 189 Fair Work Ombudsman v Tiger Telco Pty Ltd (in liq) [2012] FCA 479 Hoare v R (1989) 167 CLR 348 Veen v R (No 1) (1979) 143 CLR 458 Veen v R (No 2) (1988) 164 CLR 465 Stuart v Construction, Forestry, Mining and Energy Union (2010) 185 FCR 308 Markarian v R (2005) 228 CLR 357 Setka v Gregor (No 2) [2011] FCAFC 90 BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining and Energy Union [2001] FCA 336 Cozadinos v Construction, Forestry, Mining and Energy Union [2010] FCA 48 Date of hearing: 30 April 2012
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