Director of the Fair Work Building Industry Inspectorate v O'Connor [2016] FCA 415

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v O'Connor [2016] FCA 415 File number: SAD 302 of 2014 SAD 303 of 2014 SAD 304 of 2014 SAD 305 of 2014 SAD 306 of 2014

Judges: WHITE J

Date of judgment: 22 April 2016

Catchwords: INDUSTRIAL LAW – contraventions of ss 348 and 500 of the Fair Work Act 2009 (Cth) – determination of appropriate penalties.

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 38, 43 Evidence Act 1995 (Cth) s 191 Fair Work Act 2009 (Cth) ss 348, 355, 484, 487, 492, 499, 500, 512, 518, 519, 550, 793 Fair Work (Registered Organisations) Act 2009 (Cth) s 27 Federal Court Act 1976 (Cth) s 24

Cases cited: Australian Building and Construction Commissioner v Christopher [2012] FMCA 589 Australian Competition and Consumer Commission v Yellow Page Marketing BV (No 2) [2011] FCA 352; (2011) 195 FCR 1 Bank of Kuwait and the Middle East v Ship MV "Mawashi Al Gasseem" (No 2) [2007] FCA 815, (2007) 240 ALR 120 Director of Consumer Affairs v Nightingale Electrics Pty Ltd [2016] FCA 279 Director of the Fair Work Building Industry Inspectorate v Bragdon (No 2) [2015] FCA 998 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 [2013] FMCA 160 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 160 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 413 Director of the Fair Work Building Industry Inspectorate v Stephenson [2014] FCA 1432 Fair Work Ombudsman v W.K.O. Pty Ltd [2012] FCA 1129 Gregor v Construction, Forestry, Mining and Energy Union [2011] FCA 808 Wotherspoon v Construction, Forestry, Mining and Energy Union (No 2) [2011] FCA 158