Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director of the Fair Work Building Industry Inspectorate v CFMEU [2013] FCA 981 Citation: Director of the Fair Work Building Industry Inspectorate v CFMEU [2013] FCA 981
Parties: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and BILL BEATTIE
File number: VID 253 of 2012
Judge: JESSUP J
Date of judgment: 3 October 2013
Catchwords: INDUSTRIAL LAW – application for civil penalties – admitted contravention of s 417(1) of Fair Work Act 2009 (Cth) – quantum of penalties which should be imposed agreed between the parties – whether quantum agreed between the parties within permissible range – matters relevant to exercise of discretion
Legislation: Building and Construction Industry Improvement Act 2005 (Cth), Crimes Act 1914 (Cth), s 4AA Fair Work Act 2009 (Cth), ss 12, 417, 539, 546, 793 Fair Work (Building Industry) Act 2012 (Cth), s 9 Fair Work (Registered Organisations) Act 2009 (Cth)
Cases cited: Hills v Sutton (2007) 169 IR 327 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] ATPR 41-993 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
Date of hearing: 25 September 2013
Place: Melbourne
Division: FAIR WORK DIVISION
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