Director of the Fair Work Building Industry Inspectorate v Ellen (The Longford Gas Plant Case) [2016] FCA 1395

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Ellen (The Longford Gas Plant Case) [2016] FCA 1395 File number: VID 147 of 2016

Judge: TRACEY J

Date of judgment: 25 November 2016

Catchwords: INDUSTRIAL LAW – admitted contraventions of s 417 of the Fair Work Act 2009 (Cth), constituted by the taking of industrial action during the currency of an enterprise agreement – whether agreed orders and declarations should be made – agreed orders and declarations made – whether penalties should be suspended – penalties not suspended

Legislation: Crimes Act 1914 (Cth), s 4AA Fair Work Act 2009 (Cth), ss 12, 186, 417, 539, 545, 546, 557 Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 (Vic) Longford Gas Conditioning Plant Project Construction Agreement 2013

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 2) (2010) 199 FCR 373 Australian Licensed Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd (No 2) [2011] FCA 394 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 326 ALR 476 Construction, Forestry, Mining and Energy Union v Williams (2009) 191 IR 445 Dinsdale v The Queen (2000) 202 CLR 321 Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1213 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (Quest Apartments and Greek Community Centre) [2016] FCA 1262 Director of the Fair Work Building Industry Inspectorate v Abbott (No 6) [2013] FCA 942 Director of the Fair Work Building Industry Inspectorate v Merkx [2015] FCA 316 DP World Sydney Limited Ltd v Maritime Union of Australia (No 2) (2014) 318 ALR 22 Esso Australia Pty Ltd v Australian Workers' Union (2015) 253 IR 304 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 Fair Work Ombudsman v Yogurberry World Square Pty Ltd [2016] 1290 Hadgkiss v Aldin [(2007] ) FCA 2068164 FCR 394 Maritime Union of Australia v Fair Work Ombudsman [2015] FCAFC 120 McDonald v Australian Building and Construction Commissioner (2011) 202 IR 467 Ponzio v B & P Caelli Constructions Pty Ltd (2007) 158 FCR 543 Trade Practices Commission v CSR Limited (1991) ATPR 41-076 at 52,152 United Group Resources Pty Ltd v Calabro (No 7) (2012) 203 FCR 247 M Bagaric "Suspended Sentences and Preventive Sentences: Illusory Evils and Disproportionate Punishments" (1999) 22 University of New South Wales Law Journal 535