Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 798

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 798 File number: WAD 360 of 2015

Judge: BARKER J

Date of judgment: 8 July 2016

Catchwords: INDUSTRIAL LAW – admitted contraventions of s 417(1)(a) of the Fair Work Act 2009 (Cth) – accessorial liability under s 793 – assessment of penalties

Legislation: Crimes Act 1914 (Cth) s 4AA(1) Fair Work Act 2009 (Cth) ss 19(1)(c), 363, 417(1)(a), 417(2), 474, 474(1), 474(1)(b), 500, 539, 546, 546(1), 546(3)(a), 793 Federal Court of Australia Act 1976 (Cth) s 21

Cases cited: Australian Competition and Consumer Commission v MSY Technology Pty Ltd (ACN 093 529 401) and Others (No 2) (2011) 279 ALR 609; [2011] FCA 382 Brookfield Multiplex FSH Contractor Pty Ltd v McDonald [2013] FCA 1380 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1213 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 [2016] FCA 616 Director of the Fair Work Building Industry Inspectorate v Merkx [2015] FCA 316 Director, Fair Work Building Industry Inspectorate v Myles & Ors [2014] FCCA 1429 Singtel Optus Pty Ltd (ACN 052 833 208) v Australian Competition and Consumer Commission (2012) 287 ALR 249; [2012] FCAFC 20 Ponzio v B & P Caelli Constructions Pty Ltd and Others (2007) 158 FCR 543; [2007] FCAFC 65 Stuart-Mahoney v Construction, Forestry, Mining and Energy Union (2008) 177 IR 61; [2008] FCA 1426 Temple v Powell (2008) 169 FCA 169; [2008] FCA 714