Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCA 1014

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCA 1014 Citation: Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCA 1014

Parties: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, GARETH STEPHENSON, MICK POWELL, DREW MACDONALD, FERGAL DOYLE, GERARD BENSTEAD and JOHN PARKER

File number: VID 342 of 2012

Judge: GORDON J

Date of judgment: 7 October 2013

Catchwords: INDUSTRIAL LAW – application for civil penalties – admitted contraventions of ss 38 and 43(1)(a) of the Building and Construction Industry Improvement Act 2005 (Cth) – quantum of penalties which should be imposed when agreed between the parties – matters relevant to exercise of discretion

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) Building and Construction Industry Improvement Amendment (Transition to Fair Work) Regulation 2012 (Cth) Crimes Act 1914 (Cth) Fair Work (Building Industry) Act 2012 (Cth) Fair Work (Registered Organisations) Act 2009 (Cth)

Cases cited: Adler v Australian Securities and Investments Commission (2003) 46 ACSR 504 Attorney-General (SA) v Tichy (1982) 30 SASR 84 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2011] FCA 810 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2012] FCA 189 Australian Competition and Consumer Commission v Pioneer Concrete (Qld) Pty Ltd (1996) ATPR 41-457 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 Australian Securities and Investments Commission v Ingleby [2013] VSCA 49 Australian Securities and Investments Commission v Petsas (2005) 23 ACLC 269 Australian Securities and Investments Commission v Vizard (2005) 145 FCR 57 Cahill v Construction, Forestry, Mining and Energy Union (No 4) (2009) 189 IR 304 Channon v The Queen (1978) 33 FLR 433 Construction, Forestry, Mining and Energy Union v Cahill (2010) 194 IR 461 Construction, Forestry, Mining and Energy Union v John Holland Pty Ltd (2010) 186 FCR 88 Crawley v R (1981) 5 A Crim R 451 Director of the Fair Work Building Industry Inspectorate v Abbott (No 6) [2013] FCA 942 Fair Work Ombudsman v Tiger Telco Pty Ltd (in liq) [2012] FCA 479 Jones v Dunkel (1959) 101 CLR 298 Leighton Contractors Pty Ltd v Construction, Forestry, Mining and Energy Union (2006) 164 IR 375 Markarian v The Queen (2005) 228 CLR 357 Minister for Industry, Tourism and 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 Plancor Pty Ltd v Liquor, Hospitality and Miscellaneous Union (2008) 171 FCR 357 Ponzio v B&P Caelli Constructions Pty Ltd (2007) 158 FCR 543 R v Fyfe (1985) 40 SASR 120 R v Moyse (1988) 38 A Crim R 169 R v O'Connor [1987] VR 496 R v Valentini (1980) 48 FLR 416 Stuart-Mahoney v Construction, Forestry, Mining and Energy Union (2008) 177 IR 61 Trade Practices Commission v Farrow (1990) 95 ALR 53 Veen v The Queen (No 2) (1988) 164 CLR 465 Webb v O'Sullivan [1952] SASR 65 Wong v The Queen (2001) 207 CLR 584