Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commission v Construction, Forestry, Mining and Energy Union (The Kane Constructions Case) (No 2) [2017] FCA 368 File number: VID 261 of 2016
Judge: JESSUP J
Date of judgment: 11 April 2017
Catchwords: INDUSTRIAL LAW – Contraventions of civil remedy provisions – Union taken to have engaged in conduct of multiple organisers on same day – Whether course of conduct on part of union – Appropriate penalties for union and organisers.
Legislation: Fair Work Act 2009 (Cth) ss 417, 539, 546, 557, 793
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 Director of the Fair Work Building Industry Inspectorate v Stephenson [2014] FCA 1432
Date of hearing: 16 March 2017
Registry: Victoria
Division: General Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 55
Counsel for the Applicant: Mr M Follett with Mr A Pollock
Solicitor for the Applicant: Maddocks
Counsel for the Respondents: Mr R Reitano
Solicitor for the Respondents: Slater and Gordon
ORDERS VID 261 of 2016
BETWEEN: AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION Applicant
AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION First Respondent
MICHAEL POWELL Second Respondent
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