Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Yarra's Edge Case) [2016] FCA 772 File number: VID 321 of 2012
Judge: JESSUP J
Date of judgment: 1 July 2016
Catchwords: INDUSTRIAL LAW – whether contraventions categorised as single or multiple under s 38, Building and Construction Industry Improvement Act 2005 (Cth) – only single contraventions pleaded by applicant – accessorial liability under s 48 – penalty quantum – whether order prohibiting individual indemnification from penalties appropriate.
Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 3, 38, 43, 48, 69 Fair Work Act 2009 (Cth) ss 343, 348, 355, 417, 557 Fair Work (Registered Organisations) Act 2009 (Cth) s 268 Workplace Relations Act 1996 (Cth) s 298P
Cases cited: Bragdon v Director of the Fair Work Building Industry Inspectorate [2016] FCAFC 64 Cozadinos v CFMEU [2013] FCA 1243 Director of the Fair Work Building Inspectorate v CFMEU [2013] FMCA 160 Director of the Fair Work Building Industry Inspectorate v CFMEU [2013] FCA 515 Director of the Fair Work Building Industry Inspectorate v CFMEU [2013] FCA 981 Director of the Fair Work Building Industry Inspectorate v CFMEU [2013] FCA 1014 Director of Fair Work Building Industry Inspectorate v CFMEU [2015] FCA 353 Director of the Fair Work Building Industry Inspectorate v Bragdon (No 2) [2015] FCA 998 Director of Fair Work Building Industry Inspectorate v CFMEU [2015] FCA 1213 Director of Fair Work Building Industry Inspectorate v CFMEU (No 2) [2016] FCA 436 Director of the Fair Work Building Industry Inspectorate v Robinson [2016] FCA 525 Draffin v CFMEU [2009] FCA 243 Draffin v CFMEU [2009] FCAFC 120 Mitcham Rail Case [2015] FCA 1173 Red and Blue Case (No 2) [2015] FCA 1462 Trade Practices Commission v CSR Ltd [1991] ATPR 52 White v CFMEU [2011] FCA 192
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