Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director of the Fair Work Building Industry Inspectorate v Upton [2015] FCA 672 Citation: Director of the Fair Work Building Industry Inspectorate v Upton [2015] FCA 672
Parties: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v BRADLEY UPTON AND OTHERS
File number: WAD 201 of 2014
Judge: GILMOUR J
Date of judgment: 3 July 2015
Catchwords: INDUSTRIAL LAW – admitted contraventions of s 500 of the Fair Work Act 2009 (Cth) – abusive language – holding a meeting in an area that is used mainly for residential purposes – general principles for determining appropriate penalties – whether contraventions deliberate – whether contrition displayed and corrective action undertaken – relevance of previous and subsequent contraventions by the union – need for general and specific deterrence.
Legislation: Crimes Act 1914 (Cth) s 4AA(1) Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act 2012 (Cth) Fair Work Act 2009 (Cth) ss 484, 493, 500, 539, 546, 793 Federal Court of Australia Act 1976 (Cth) s 20(1A)
Cases cited: Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 Barbaro v The Queen (2014) 253 CLR 58 Cahill v Construction, Forestry, Mining and Energy Union (No 4) (2009) 189 IR 304 Construction, Forestry, Mining and Energy Union v Cahill (2010) 269 ALR 1 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (2015) 105 ACSR 403 Director of the Fair Work Building Industry Inspectorate v Cartledge [2014] FCA 1047 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (2014) 140 ALD 337 Director, Fair Work Building Industry Inspectorate v Myles [2014] FCCA 1429 Draffin v Construction, Forestry, Mining and Energy Union (2009) 189 IR 145 Markarian v The Queen (2005) 228 CLR 357 Ponzio v B&P Caelli Construction Pty Ltd (2007) 158 FCR 543 R v Byrnes (1995) 183 CLR 501 Temple v Powell (2008) 169 FCR 169 Wong v The Queen (2001) 207 CLR 584
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