Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Perth Childrens' Hospital Contraventions Case) [2017] FCA 491

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Perth Childrens' Hospital Contraventions Case) [2017] FCA 491 File numbers: WAD 16 of 2014 WAD 95 of 2014 WAD 135 of 2014

Judge: BARKER J

Date of judgment: 11 May 2017

Catchwords: INDUSTRIAL LAW – admitted contraventions of ss 340, 346 and 348 of the Fair Work Act 2009 (Cth) – where respondents engaged in blockade of site and strike action – assessment of penalties – factors considered

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) Crimes Act 1914 (Cth) s 4AA(1) Evidence Act 1995 (Cth) s 191 Fair Work Act 2009 (Cth) ss 340, 341(1)(b), 346, 348, 500, 503, 539(2), 546, 546(2)(b), 793 Workplace Relations Act 1996 (Cth)

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 53 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560; [2008] FCAFC 8 Bragdon v Director of the Fair Work Building Industry Inspectorate [2016] FCAFC 64 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate (2015) 326 ALR 476; [2015] HCA 46 Commonwealth v Director Fair Work Building Industry Inspectorate (2015) 326 ALR 476; [2015] HCA 46 Commonwealth v Director, Fair Work Building Industry Inspectorate (2016) 326 ALR 476, [2015] HCA 46 Construction, Forestry, Mining and Energy Union v Australian Building and Construction Commissioner [2016] FCAFC 184 Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No.2) [2015] FCA 407 Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1213 Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1173 Director of Fair Work Building Industry Inspectorate v Stephenson [2014] FCA 1432 Director of the Fair Work Building Industry Inspectorate v Bragdon (No 2) [2015] FCA 998 Director of the Fair Work Building Industry Inspectorate v Cartledge [2014] FCA 1047 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 [2014] FCA 160 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 1462 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 616 Director of the Fair Work Building Inspectorate v Robinson [2016] FCA 525 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 Leighton Contractors Pty Ltd v Construction, Forestry, Mining and Energy Union (2006) 164 IR 375 at [67]; [2006] WASC 317 Plancor Pty Ltd v Liquor Hospitality and Miscellaneous Union (2008) 171 FCR 357; [2008] FCAFC 170 Ponzio v B&P Caelli Constructions Pty Ltd (2007) 158 FCR 543 R v MacNeil-Brown (2008) 20 VR 677: [2008] VSCA 190 Stuart-Mahoney v Construction, Forestry, Mining and Energy Union (2008) 177 IR 61; [2008] FCA 1426 The Queen v Mcinerney (1986) 42 SASR 111 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076; [1990] FCA 521 Veen v The Queen (No 2) (1988) 164 CLR 465; [1998] HCA 14 Wong v The Queen (2001) 207 CLR 584]; [2001] HCA 64