Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director, Fair Work Building Industry Inspectorate v Cradden [2015] FCA 614 Citation: Director, Fair Work Building Industry Inspectorate v Cradden [2015] FCA 614
Parties: DIRECTOR, FAIR WORK BUILDING INDUSTRY INSPECTORATE v PAUL CRADDEN, JOSEPH MYLES, MARK O'BRIEN, MIKE DAVIS, JACK CUMMINS and CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
File number: QUD 98 of 2014
Judge: LOGAN J
Date of judgment: 12 June 2015
Catchwords: INDUSTRIAL LAW – unlawful industrial action – where respondents admitted contraventions of s 44 of the Building and Construction Industry Improvement Act 2005 (Cth) (BCII Act) prior to hearing – civil penalties – exercise of judicial discretion in sentencing – history of trade unionism – background and objects of BCII Act relevant considerations in determining appropriate penalty – whether multiple contraventions constituted a course of conduct – union organisers and delegates displaying disregard or contempt for rule of law – consideration of mitigating factors
Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 3, 43, 44, 49, 69 Crimes Act 1914 (Cth) s 4K Fair Work Act 2009 (Cth) s 500
Cases cited: Brown v Allweather Mechanical Grouting Co. Limited [1954] 2 QB 443 considered Construction, Forestry, Mining and Energy Union v Cahill (2010) 194 IR 461 cited Construction, Forestry, Mining and Energy Union v North Goonyella Coal Mine Pty Ltd [2013] FCA 1444 cited Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (2015) 105 ACSR 403 followed Director, Fair Work Building Industry Inspectorate v Myles & Ors [2014] FCCA 1429 cited Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 407 considered Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCA 846 cited R v Lovelass and others (1834) 172 ER 1380 (Tolpuddle Martyrs Case) cited
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