Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2014] FCA 193 Citation: BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2014] FCA 193
Parties: BHP COAL PTY LTD (ACN 010 595 721) v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, TERRY LOW, ROB LAW, KEVIN ADAMS and SCOTT LEGGETT
File number: QUD 103 of 2011
Judge: COLLIER J
Date of judgment: 11 March 2014
Catchwords: INDUSTRIAL LAW – penalties – union respondent implemented unlawful overtime policy – contravention of ss 340, 345, 349, and 417 Fair Work Act 2009 (Cth) – whether pecuniary penalty ought be imposed – whether pecuniary penalty ought be payable to applicant – whether contraventions constitute single course of conduct – principles relevant to determining appropriate pecuniary penalty – whether order prohibiting respondent from implementing overtime policy appropriate – whether order requiring respondent to issue written statement that overtime policy is unlawful and withdrawn appropriate
Legislation: Fair Work Act 2009 (Cth) ss 340, 345, 349, 417
Cases cited: BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] FCA 1291 cited Construction, Forestry, Mining and Energy Union v Cahill (2010) 194 IR 461; [2010] FCAFC 39 cited Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 5) [2013] FCA 1384 cited Gibbs v The Mayor, Councillors and Citizens of the City of Altona (1992) 37 FCR 216 cited Kelly v Fitzpatrick (2007) 166 IR 14; [2007] FCA 1080 cited Plancor Pty Ltd v Liquor, Hospitality and Miscellaneous Union (2008) 171 FCR 357 cited QR Limited v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (2010) 204 IR 142; [2010] FCAFC 150 cited Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (No 2) (2001) 110 IR 372; [2011] FCA 672 cited Woodside Burrup Pty Ltd v Construction, Forestry, Mining and Energy Union (2011) 209 IR 302; [2011] FCA 949 cited
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