Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 407

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 407 Citation: Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 407

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: 1 May 2015

Catchwords: INDUSTRIAL LAW – contraventions of ss 340, 355 and 494(1) of the Fair Work Act 2009 (Cth) – relevant considerations in determining appropriate penalty – whether multiple contraventions constituted a course of conduct – whether ss 552 and 553 operate where declarations for contempt of court made

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) Crimes Act 1914 (Cth) Fair Work Act 2009 (Cth) Occupational Health and Safety Act 2004 (Vic)

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 2) (2010) 199 IR 373 – cited Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 145 ALR 36 – cited Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 – cited Construction, Forestry, Mining and Energy Union v Cahill (2010) 269 ALR 1 – cited Construction, Forestry, Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate (2014) 225 FCR 210 – applied Director of the Fair Work Building Industry Inspectorate v Cartledge [2014] FCA 1047 – cited Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 47 – cited Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 226 – cited Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 353 – cited Director of the Fair Work Building Industry Inspectorate v Stephenson [2014] FCA 1432 – cited DP World Sydney Limited v Maritime Union of Australia (No 2) [2014] FCA 596 – cited Grocon Constructors (Victoria) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) (2014) 241 IR 288 – cited Kelly v Fitzpatrick (2007) 166 IR 14 – cited Mornington Inn Pty Ltd v Jordan (2008) 168 FCR 383 – cited Plancor Pty Ltd v Liquor, Hospitality and Miscellaneous Union (2008) 171 FCR 357 – cited Ponzio v B & P Caelli Constructions Pty Ltd (2007) 158 FCR 543 – cited Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249 – cited Stuart-Mahoney v Construction, Forestry, Mining and Energy Union (2008) 177 IR 61 – cited Veen v R (No 2) (1988) 164 CLR 465 – cited Wong v The Queen (2001) 207 CLR 584 – cited