Director of the Fair Work Building Industry Inspectorate v Construction Forestry, Mining and Energy Union (Quest Apartments and Greek Community Centre) [2016] FCA 1262

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction Forestry, Mining and Energy Union (Quest Apartments and Greek Community Centre) [2016] FCA 1262 File number: VID 406 of 2016

Judge: TRACEY J

Date of judgment: 26 October 2016

Catchwords: INDUSTRIAL LAW – admitted contraventions of s 349 of the Fair Work Act 2009 (Cth) by the Third and Fourth Respondents – false or misleading representations, recklessly made, concerning freedom of association – assessment of penalties – consideration of whether declarations ought to be made

Legislation: Crimes Act 1914 (Cth), s 4AA Fair Work Act 2009 (Cth), ss 3, 12, 336, 347, 349, 537, 546

Cases cited: Australian Licensed Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd (No 2) [2011] FCA 394 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 326 ALR 476 Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1213 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (2015) 229 FCR 331 Fair Work Ombudsman v Kentwood Industries Pty Ltd (No 3) [2011] FCA 579 Fair Work Ombudsman v Offshore Marine Services Pty Ltd [2012] FCA 498 Fair Work Ombudsman v Skilled Offshore (Australia) Pty Ltd [2015] FCA 275 Maritime Union of Australia v Fair Work Ombudsman [2015] FCAFC 120 Minister for Industry, Tourism & Resources v Mobile Oil Australia Pty Ltd [2004] FCAFC 72 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1997) 71 FCR 285