Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 3) [2017] FCA 10 File number: SAD 248 of 2014
Judge: BESANKO J
Date of judgment: 19 January 2017
Catchwords: INDUSTRIAL LAW – penalty hearing – where respondents contravened s 343(1) of Fair Work Act 2009 (Cth) – where actions of second and third respondents are taken to be actions of the first respondent by reason of s 343 of Fair Work Act 2009 (Cth) – relevant considerations in determining appropriate declarations and penalties – whether conduct constitutes one or two contraventions by the first respondent – whether multiple contraventions constituted a single course of conduct – relevance of single course of conduct to penalty – consideration of totality principle – whether the Court has a power to prohibit a union from indemnifying its officials.
Legislation: Building and Construction Industry Improvement Act 2005 (Cth) s 38 Fair Work Act 2009 (Cth) ss 343, 355, 363, 417, 499, 500, 546 550, 557, 793
Cases cited: Construction, Forestry, Mining and Energy Union v Australian Building and Construction Commissioner [2016] FCAFC 184 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; (2010) 269 ALR 1 Construction, Forestry, Mining and Energy Union v Williams [2009] FCAFC 171; (2009) 262 ALR 417 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1293 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 413 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 Construction, Forestry, Mining and Energy Union (No 2) [2016] FCA 436 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2016] FCA 607 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Yarra's Edge Case) [2016] FCA 772 Director of the Fair Work Building Industry Inspectorate v Robinson (2016) 241 FCR 338 Fair Work Ombudsman v Al Hilfi [2016] FCA 193 Mill v The Queen (1988) 166 CLR 59
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