Construction, Forestry, Mining and Energy Union v Clermont Coal Pty Limited (No 2) [2016] FCA 809

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Clermont Coal Pty Limited (No 2) [2016] FCA 809 File number: QUD 604 of 2014

Judge: REEVES J

Date of judgment: 14 July 2016

Catchwords: INDUSTRIAL LAW – where respondent contravened ss 340 and 346 of the Fair Work Act 2009 (Cth) – assessment of pecuniary penalties – whether two contraventions of the Fair Work Act 2009 (Cth) or a single course of conduct – consideration of the totality principle in assessing the appropriate pecuniary penalty

Legislation: Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) Trade Practices Act 1974 (Cth)

Cases cited: Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2014] FCA 148 Australian Ophthalmic Suppliers Pty Ltd v McAlary-Smith (2008) 165 FCR 560; [2008] FCAFC 8 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 326 ALR 476; [2015] HCA 46 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 5) [2013] FCA 1384 Construction, Forestry, Mining and Energy Union v Clermont Coal Pty Limited [2015] FCA 1014 Construction, Forestry, Mining and Energy Union v North Goonyella Coal Mine Pty Ltd [2013] FCA 1444 Construction, Forestry, Mining and Energy Union v Pilbara Iron Company (Services) Pty Ltd (No 4) (2012) 225 IR 113; [2012] FCA 894 Kelly v Fitzpatrick (2007) 166 IR 14; [2007] FCA 1080 Mason v Harrington Corporation Pty Ltd [2007] FMCA 7 Plancor Pty Ltd v Liquor Hospitality and Miscellaneous Union (2008) 171 FCR 357; [2008] FCAFC 170 Rural Press Ltd v Australian Competition and Consumer Commission (2003) 216 CLR 53; [2003] HCA 75 Sayed v Construction, Forestry, Mining and Energy Union [2016] FCAFC 4