Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 616

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 616 File number(s): WAD 289 of 2014

Judge(s): SIOPIS J

Date of judgment: 30 May 2016

Catchwords: INDUSTRIAL LAW – contraventions of s 348 of the Fair Work Act 2009 (Cth) – where the union learned that employees of a subcontractor on a construction site at Perth international airport had not been paid outstanding wages by their employer – where the union's organisers and officials organised and participated in a blockade of the work site to coerce the payment of the outstanding wages – appropriate penalty – factors relevant to determining appropriate penalty – prior relevant conduct – extent of contraventions – whether contraventions should be treated as a single course of conduct – application of proportionality principle.

Legislation: Fair Work Act 2009 (Cth) ss 348, 363, 546, 546(1), 546(2), 546(3)(a), 793 Crimes Act 1914 (Cth) s 4AA(1)

Cases cited: Australian Opthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 Fair Work Ombudsman v Maritime Union of Australia [2012] FCA 1232 Construction, Forestry, Mining and Energy Union v Cahill (2010) 269 ALR 1 Construction, Forestry, Mining and Energy Union v Williams (2009) 262 ALR 417 Commonwealth of Australia v DFWBII; CFMEU v DFWBII (2015) 90 ALJR 113 Veen v The Queen [No 2] (1988) 164 CLR 465