Director of the Fair Work Building Industry Inspectorate v Abbott (No 6) [2013] FCA 942

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Abbott (No 6) [2013] FCA 942 Citation: Director of the Fair Work Building Industry Inspectorate v Abbott (No 6) [2013] FCA 942

Parties: DIRECTOR, FAIR WORK BUILDING INDUSTRY INSPECTORATE v BENJAMIN ABBOTT AND OTHERS

File number: WAD 230 of 2008

Judge: GILMOUR J

Date of judgment: 18 September 2013

Corrigendum: 21 November 2013

Catchwords: INDUSTRIAL LAW – penalties – contravention of s 38 of the Building and Construction Industry Improvement Act 2005 (Cth) (the BCII Act), ss 494, 496(1) of the Workplace Relations Act 1996 (Cth) (the WR Act) and breaches of the relevant provisions of the Union Collective Agreements – general penalty principles – relevant considerations – the nature and extent of the relevant conduct – whether the contravening conduct was deliberate or part of a conscious act on the part of the contravener – whether there was evidence of contrition – specific deterrence – general deterrence – whether there were any mitigating factors – quantum of penalty – totality – whether the penalties should be suspended COSTS – industrial proceedings – prohibition on awarding costs – proceedings based in part on a matter arising under the WR Act and in part on a matter arising under another Commonwealth Act

Legislation: Workplace Relations Act 1996 (Cth) ss 494, 496(1), 719(1), (4), 824 Fair Work Act 2009 (Cth) ss 418, 570 Building and Construction Industry Improvement Act 2005 (Cth) ss 4, 38, 49(2), 75(7) Building and Construction Industry Improvement Bill 2005 (Cth) Federal Court Act 1976 (Cth) s 43(1) Crimes Act 1914 (Cth) s 4AA