Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 226

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 226 Citation: Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 226

Parties: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and GARETH STEPHENSON

File number: VID 194 of 2014

Judge: TRACEY J

Date of judgment: 17 March 2015

Catchwords: CONTEMPT OF COURT – failure to comply with voluntary undertaking – considerations relevant to penalty – whether multiple contraventions should be treated as single offence

Legislation: Fair Work Act 2009 (Cth) Fair Work (Registered Organisations) Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) High Court Rules 2004 (Cth) Judiciary Act 1903 (Cth)

Cases cited: Alfred v Construction, Forestry, Mining and Energy Union (No 2) [2011] FCA 556 – cited Australian Consolidated Press Limited v Morgan (1965) 112 CLR 483 – cited Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 – cited Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 – cited BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining and Energy Union [2001] FCA 336 – cited Bovis Lend Lease Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2009] FCA 650 – considered Construction, Forestry, Mining and Energy Union v BHP Steel (AIS) Pty Ltd (2003) 196 ALR 350 – cited Construction, Forestry, Mining and Energy Union v Cahill (2010) 269 ALR 1 – cited Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2012] FCA 966 – cited Grocon Constructors (Victoria) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2014] VSC 134 – considered Pico Holdings, Inc. v Voss [2002] VSC 319 – cited R v Storey [1998] 1 VR 359 at 366 – cited Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249 – considered Thomson Australian Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150 – cited Veen v R (No 2) (1988) 164 CLR 465 – considered Witham v Holloway (1995) 183 CLR 525 – considered Date of hearing: 12 December 2014