Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Mitcham Rail Case) [2015] FCA 1173

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Mitcham Rail Case) [2015] FCA 1173 Citation: Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Mitcham Rail Case) [2015] FCA 1173

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

File number: VID 517 of 2014

Judge: JESSUP J

Date of judgment: 4 November 2015

Catchwords: INDUSTRIAL LAW – Intent to coerce person to engage in industrial activity – Non-compliance with request by industrial association – Request for employment of union delegate on construction site – Threat to organise action and later organising of action – Whether course of conduct – Seriousness of contraventions – Relevance of previous contraventions – Normalisation of contraventions – Whether remorse and contrition shown – Totality principle – Appropriate penalties – Whether individual should be required to pay penalty personally without reimbursement.

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) Fair Work Act 2009 ss 9, 347, 348, 363, 484 Federal Court Rules 2011 (Cth), r 16.07(3) Occupational Health and Safety Act 2004 (Vic) s 87

Cases cited: Construction, Forestry, Mining and Energy Union v Williams (2009) 262 ALR 417 Director of the Fair Work Building Industry Inspectorate v Bragdon (No 2) [2015] FCA 998 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 407 Director, Fair Work Building Industry Inspectorate v Cradden [2015] FCA 614 Director of the Fair Work Building Industry Inspectorate v Myles [2014] FCCA 1429