Director, Fair Work Building Industry Inspectorate v Foxville Projects Group Pty Ltd [2015] FCA 492

FEDERAL COURT OF AUSTRALIA

Director, Fair Work Building Industry Inspectorate v Foxville Projects Group Pty Ltd [2015] FCA 492 Citation: Director, Fair Work Building Industry Inspectorate v Foxville Projects Group Pty Ltd [2015] FCA 492

Parties: DIRECTOR, FAIR WORK BUILDING INDUSTRY INSPECTORATE v FOXVILLE PROJECTS GROUP PTY LTD (ACN 116 744 300)

File number: NSD 2253 of 2013

Judge: FLICK J

Date of judgment: 21 May 2015

Catchwords: INDUSTRIAL LAW – agreed statement of facts – admission as to contraventions – single course of conduct – quantification of penalty PRACTICE AND PROCEDURE – inability of regulator to make submissions as to penalty PRACTICE AND PROCEDURE – power to grant relief upon basis of agreed facts – need for close attention to be given to the terms of declaratory relief

Legislation: Evidence Act 1995 (Cth), s 191 Fair Work Act 2009 (Cth), ss 13, 44, 44(1), 50, 87, 96, 125, 535, 535(1), 535(2), 545(1), 545(2)(b), 546(1), 546(3)(b), 547, 557(1), 559(1) Fair Work (Building Industry) Act 2012 (Cth), s 59A Federal Court of Australia Act 1976 (Cth), s 21 Workplace Relations Act 1996 (Cth), ss 5, 318, 320, 719, 722(1) Fair Work Regulations 2009 (Cth), regs 3.32, 3.33, 3.34

Cases cited: Aussie Airlines Pty Ltd v Australian Airlines Inc (1996) 68 FCR 406 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 145 ALR 36 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Digital Products Group Pty Ltd [2006] FCA 1732, (2007) ATPR 42-144 Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 2) [2005] FCA 254, (2005) 215 ALR 281 Australian Competition and Consumer Commission v Real Estate Institute of Western Australian Inc [1999] FCA 18, (1999) 161 ALR 79 Australian Competition and Consumer Commission v South East Melbourne Cleaning Pty Ltd (in liq) (formerly known as Coverall Cleaning Concepts South East Melbourne) [2015] FCA 25 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54, (2013) 250 CLR 640 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith [2008] FCAFC 8, (2008) 165 FCR 560 Barbaro v The Queen [2014] HCA 2, (2014) 305 ALR 323 BMW Australia Ltd v Australian Competition and Consumer Commission [2004] FCAFC 167, (2004) 207 ALR 452 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39, (2010) 269 ALR 1 Comcare v Linfox Australia Pty Ltd [2015] FCA 61 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72, (2004) ATPR 41-993 Mornington Inn Pty Ltd v Jordan [2008] FCAFC 70, (2008) 168 FCR 383 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Rural Press Ltd v Australian Competition and Consumer Commission [2003] HCA 75; (2003) 216 CLR 53 Trade Practices Commission v Stihl Chain Saws (Aust) Pty Ltd (1978) ATPR 40-091