Australian Building and Construction Commissioner v McCullough (No 2) [2017] FCA 295

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v McCullough (No 2) [2017] FCA 295 File number: WAD 98 of 2015

Judge: BARKER J

Date of judgment: 22 March 2017

Catchwords: INDUSTRIAL LAW – assessment of penalties – where relevant respondents found to have contravened s 417(1)(a) of the Fair Work Act 2009 (Cth) – whether exonerated respondents entitled to their costs of the proceeding pursuant to s 570(2)(a) of the Fair Work Act 2009 (Cth)

Legislation: Evidence Act 1995 (Cth) s 98(1) Fair Work Act 2009 (Cth) ss 417(1)(a), 546(3)(a), 570(1), 570(2)(a), 712 Federal Court of Australia Act 1976 (Cth) s 43

Cases cited: Australian Building & Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 2) [2010] FCA 977 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560; [2008] FCAFC 8 Australian Workers Union v Leighton Contractors Pty Ltd (No 2) (2013) 232 FCR 428; [2013] FCAFC 23 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 2) (2015) 230 FCR 337; [2015] FCAFC 97 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 Ellen (The Longford Gas Plant Case) [2016] FCA 1395 Director of the Fair Work Building Industry Inspectorate v McCullough [2016] FCA 1291 Director of the Fair Work Building Industry Inspectorate v Merkx [2015] FCA 316 Ponzio v B & P Caelli Constructions Pty Ltd (2007) 158 FCR 543; [2007] FCAFC 65 Spotless Services Australia Ltd v The Honourable Senior Deputy President Jeanette Marsh [2004] FCAFC 155