Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brookfield Multiplex Engineering and Infrastructure Pty Ltd v McDonald [2014] FCA 389 Citation: Brookfield Multiplex Engineering and Infrastructure Pty Ltd v McDonald [2014] FCA 389
Parties: BROOKFIELD MULTIPLEX ENGINEERING AND INFRASTRUCTURE PTY LTD (ACN 095 282 992) v JOSEPH MCDONALD, WALTER MOLINA and CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
File number: WAD 170 of 2013
Judge: NORTH J
Date of judgment: 11 March 2014
Catchwords: INDUSTRIAL LAW – Contraventions of ss 346, 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 – motivation for strike action in March 2013 – not appropriate for motivation for October 2013 events to be taken into account – comments of first respondent demonstrating willingness to breach injunction in related proceedings – physically threatening behaviour of first respondent – defiance of first respondent of system of industrial law – settlement agreement reached
Legislation: Crimes Act 1914 (Cth) s 4AA(1) Fair Work Act 2009 (Cth) ss 346, 348, 417 Fair Work (Registered Organisation) Act 2009 (Cth)
Date of hearing: 11 March 2014
Place: Perth
Division: FAIR WORK DIVISION
Category: Catchwords
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