Director of the Fair Work Building Industry Inspectorate v Cartledge [2014] FCA 1047

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Cartledge [2014] FCA 1047 Citation: Director of the Fair Work Building Industry Inspectorate v Cartledge [2014] FCA 1047

Parties: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v AARON CARTLEDGE, JIM O'CONNOR, BRENDAN PITT, DAVID BOLTON, LUKE STEPHENSON and CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

File number: SAD 57 of 2014

Judge: MANSFIELD J

Date of judgment: 2 October 2014

Catchwords: INDUSTRIAL LAW – admitted contraventions of s 500 of the Fair Work Act 2009 (Cth) – general principles for determining appropriate penalties – deliberate contraventions with a firm disregard for entry provisions imposed by legislation – lack of contrition and corrective conduct – relevance of previous contraventions by a separate branch or division of a union – need for general deterrence – contraventions occurred over a single course of conduct – application of the totality principle – imposition of an injunction

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

Cases cited: Ponzio v B&P Caelli Constructions Pty Ltd (2007) 158 FCR 543 cited Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 2) [2010] FCA 977 applied Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 applied Wong v The Queen (2001) 207 CLR 584 applied Markarian v R (2005) 228 CLR 357 applied Finance Sector Union of Australia v Commonwealth Bank of Australia (2005) 224 ALR 467 applied Plancor Pty Ltd v Liquor, Hospitality and Miscellaneous Union (2008) 171 FCR 357 applied Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 160 cited Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 cited Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 cited Director of the Fair Work Building Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCA 515 cited Veen v The Queen (No 2) (1988) 164 CLR 465 cited Stuart-Mahoney v CFMEU [2008] FCA 1426 cited Temple v Powell (2008) 173 IR 189 cited The Queen v McInerney (1986) 42 SASR 111 cited Williams v CFMEU (No 2) [2009] FCA 548 cited Draffin v CFMEU (2009) 189 IR 145 cited A & L Silvestri Pty Ltd v Construction, Forestry, Mining and Energy Union [2008] FCA 466 applied Darlaston v Parker (No 2) [2010] FCA 1382 cited United Group Resources Pty Ltd v Calabro (No 7) (2012) 203 FCR 247 cited