Australian Building and Construction Commissioner v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (The Australian Paper Case) (No 2) [2017] FCA 367

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (The Australian Paper Case) (No 2) [2017] FCA 367 File number: VID 212 of 2016

Judge: JESSUP J

Date of judgment: 11 April 2017

Catchwords: INDUSTRIAL LAW – Contraventions of civil remedy provisions – Industrial action taken over three days – Industrial action taken in contravention of two orders by Fair Work Commission – Whether same course of conduct INDUSTRIAL LAW – Contraventions of civil remedy provisions – Civil double jeopardy – Penalty imposed for contravention of one provision – Whether imposed in relation to "particular conduct" which attracted liability under other provisions – Whether court precluded from imposing penalty under other provisions

Legislation: Fair Work Act 2009 (Cth) ss 346, 417, 421, 539, 550, 557, 793 Workplace Relations Act 1996 (Cth) Workplace Relations Amendment (Work Choices) Act 2005 (Cth)

Cases cited: Australian Building and Construction Commission v Australian Manufacturing Workers' Union (The Australian Paper Case) [2017] FCA 167 Australian Building and Construction Commission v Construction, Forestry, Mining and Energy Union (The Kane Constructions Case) [2017] FCA 168 Ponzio v B & P Caelli Constructions Pty Ltd (2007) 158 FCR 543 QR Limited v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (2010) 204 IR 142 Rocky Holdings Pty Ltd v Fair Work Ombudsman (2014) 221 FCR 153 Williams v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2010] FCA 754