Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director, Fair Work Building Industry Inspectorate v Bolton (No 2) [2016] FCA 817 File numbers: SAD 59 of 2015 SAD 60 of 2015 SAD 61 of 2015
Judge: COLLIER J
Date of judgment: 19 July 2016
Catchwords: INDUSTRIAL LAW – admitted contraventions of s 500 Fair Work Act 2009 (Cth) – principles regarding determination of pecuniary penalties – relevance of previous contraventions of industrial legislation – nature of the conduct – individual respondents permit holders under legislation – entry on relevant construction sites without giving entry notices – refusal to leave when requested – individual respondents union officials and persons in management positions in union – union repeat offender – individual respondents repeat offenders – role for specific and general deterrence – determination of appropriate penalties
Legislation: Fair Work Act 2009 (Cth) Pt 3-4, ss 484, 487, 490(2), 497, 500, 512, 545, 546, 546(1), 546(3), 550, 793, 793(1)(a) Fair Work (Building Industry) Act 2012 (Cth) s 4(1)
Cases cited: Australian Building & Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 2) [2010] FCA 977 Bragdon v Director of the Fair Work Building Industry Inspectorate [2016] FCAFC 64 Commonwealth of Australia v Director, Fair Work Building Industry Inspector [2015] HCA 46 Director, Fair Work Building Industry Inspectorate v Cartledge [2014] FCA 1047 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 160 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1293 Director of the Fair Work Building Industry Inspectorate v Bragdon (No 2) [2015] FCA 998 Director of the Fair Work Building Inspectorate v CFMEU [2013] FCA 515 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1287 Director of the Fair work Building Industry Inspectorate v Stephenson [2014] FCA 1432 Plenty v Dillon [1991] HCA 5; (1991) 171 CLR 635
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