Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCA 846

FEDERAL COURT OF AUSTRALIA

Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCA 846 Citation: Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCA 846

Parties: DIRECTOR, FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

File number: QUD 236 of 2012

Judge: COLLIER J

Date of judgment: 20 August 2013

Catchwords: INDUSTRIAL LAW – ss 43(1)(b), 44 and 69(1)(b) Building and Construction Industry Improvement Act 2005 (Cth) – pecuniary penalties – industrial action – coercion – intent to apply undue pressure – unauthorised work stoppages – admitted contraventions of statutory provisions by unions – union liability arising on account of conduct of union officials – agreed penalties – appropriate penalties within permissible range – application of totality principle where multiple contraventions of legislation – specific deterrence particularly relevant factor for consideration in relation to one of the respondents

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 5, 38, 43(1)(b), 44, 49(1)(a), 49(5), 69, 69(1)(b) Fair Work Act 2009 (Cth) s 417

Cases cited: Alfred v Construction, Forestry, Mining and Energy Union [2011] FCA 556 cited Construction, Forestry, Mining and Energy Union v Williams (2009) 262 ALR 417; [2009] FCAFC 171 cited Johnson v R (2004) 205 ALR 346; [2044] HCA 15 cited Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 cited NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 cited Ponzio v B & P Caelli Constructions Pty Ltd (2007) 158 FCR 543 cited Veen v R (No 2) (1988) 164 CLR 465 cited