Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director of the Fair Work Building Industry Inspectorate v McDonald [2013] FCA 1431 Citation: Director of the Fair Work Building Industry Inspectorate v McDonald [2013] FCA 1431
Parties: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v JOSEPH MCDONALD, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
File number: WAD 278 of 2012
Judge: BARKER J
Date of judgment: 20 December 2013
Catchwords: INDUSTRIAL LAW – admitted contraventions of s 38 Building and Construction Industry Improvement Act 2005 (Cth) – statement of agreed facts – appropriate penalties to be imposed – factors to consider
Legislation: Building and Construction Industry Improvement Act 2005 (Cth) s 4, 4(1), s 5, s 36(1), s 36(1)(d), s 37, s 38, s 48(2), s 49, s 49(2)(a), s 69, s 69(1), s 69(1)(b), s 69(1)(c)(iii), s 69(3)(b) Crimes Act 1914 (Cth) s 4AA Fair Work (Building Industry) Act 2012 (Cth) s 4(1), s 5, s 16 Fair Work (Registered Organisation) Act 2009 (Cth) s 27 Occupational Health and Safety Act 1991 (Cth)
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 2) [2010] FCA 977; (2010) 199 IR 373 Comcare v Post Logistics Australasia Pty Ltd [2012] FCAFC 168; (2012) 207 FCR 178
Date of hearing: 10 December 2013
Place: Perth
Division: FAIR WORK DIVISION
Category: Catchwords
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