Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brookfield Multiplex FSH Contractor Pty Limited v McDonald [2014] FCA 359 Citation: Brookfield Multiplex FSH Contractor Pty Limited v McDonald [2014] FCA 359
Parties: BROOKFIELD MULTIPLEX FSH CONTRACTOR PTY LIMITED (ACN 135 322 084) , BROOKFIELD MULTIPLEX CONSTRUCTIONS PTY LTD (ACN 107 007 527) and BROOKFIELD MULTIPLEX AUSTRALASIA PTY LTD (ACN 146 787 395) v JOSEPH MCDONALD, GRAHAM PALLOT and CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
File number: WAD 44 of 2013
Judge: NORTH J
Date of judgment: 11 March 2014
Catchwords: INDUSTRIAL LAW – Contraventions of ss 348 and 417 Fair Work Act 2009 (Cth) admitted by respondents – remaining issue for the Court to fix civil penalties for contraventions – relevant principles – whether penalties appropriate after consideration of all the circumstances – purposes to be served by penalties are punishment, personal and general deterrence, and rehabilitation – totality principle – penalties to reflect gravity of contraventions – relevant considerations – contraventions by first and second respondents deliberate – history of non-compliance by first and third respondents – respondents' admissions – settlement agreement reached – reason for strike action to support injured worker – whether reason for strike action relevant to fixing penalties – appropriate for the Court to take into account the motivation of the strike action when fixing penalties
Legislation: Crimes Act 1914 (Cth) s 4AA(1) Fair Work Act 2009 (Cth) ss 19, 348, 417, 546 Fair Work (Registered Organisation) Act 2009 (Cth)
Date of hearing: 11 March 2014
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