General Manager of the Fair Work Commission v Thomson (No 4) [2015] FCA 1433

FEDERAL COURT OF AUSTRALIA

General Manager of the Fair Work Commission v Thomson (No 4) [2015] FCA 1433 Citation: General Manager of the Fair Work Commission v Thomson (No 4) [2015] FCA 1433

Parties: GENERAL MANAGER OF THE FAIR WORK COMMISSION v CRAIG THOMSON AND THE HEALTH SERVICES UNION AS INTERVENER

File number: VID 798 of 2012

Judge: JESSUP J

Date of judgment: 15 December 2015

Catchwords: INDUSTRIAL LAW – Penalties – Contraventions of the duties of an officer of a registered organisation – Duty to exercise powers and discharge duties with due care and diligence – Duty to exercise powers and discharge duties in good faith – Duty not to improperly use position to gain an advantage for himself or cause a detriment to the organisation – Seriousness of contraventions –Whether remorse and contrition shown – Whether contraventions were a course of conduct – Appropriate penalties – Deterrence – Totality principle – Compensation and interest.

Legislation: Corporations Act 2001 (Cth) s 1317E Fair Work (Registered Organisations) Act 2009 (Cth) s 306 Fair Work (Registered Organisations) Amendment Act 2012 (Cth) Sch 1, item 8 Federal Court of Australia Act 1976 (Cth) ss 51A, 52 Workplace Relations Act 1996 (Cth) Sch 1, ss 285, 286, 287, 306

Cases cited: Australian Opthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (2015) 229 FCR 331 Pearce v The Queen (1998) 194 CLR 610 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076