Australian Building and Construction Commissioner v Pauls [2017] FCA 843

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Pauls [2017] FCA 843 File number: QUD 831 of 2016

Judge: RANGIAH J

Date of judgment: 28 July 2017

Catchwords: INDUSTRIAL LAW – respondents organised industrial action in contravention of ss 355 and 417 of the Fair Work Act 2009 (Cth) – respondents admit allegations – whether contraventions arose out of two or six courses of conduct – how many findings of contravention and declarations to be made – quantum of pecuniary penalties – declarations made and penalties determined

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 39, 43 and 69 Evidence Act 1995 (Cth) s 140(2) Fair Work Act 2009 (Cth) ss 355, 417, 545, 546, 550, 556, 557, 793 and Part 4-1 Workplace Relations Act 1996 (Cth)

Cases cited: Australian Building and Construction Commission v Construction, Forestry, Mining and Energy Union (the Kane Constructions Case) (No 2) [2017] FCA 368 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 53 Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2007] ATPR 42-140; [2006] FCA 1730 Commonwealth v Director of Fair Work Building Industry Inspectorate (2015) 326 ALR 476; [2015] HCA 46 Construction, Forestry, Mining and Energy Union v Cahill (2010) 269 ALR 1; [2010] FCAFC 39 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 353 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 Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 407 Director of the Fair Work Building Industry Inspectorate v Robinson [2016] 241 FCR 338 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCCA 2130 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCA 846 Kelly v Fitzpatrick (2007) 166 IR 14; [2007] FCA 1080 Plancor v Liquor Hospitality and Miscellaneous Union (2008) 171 FCR 357 Rural Press Ltd v Australian Competition and Consumer Commission (2003) 216 CLR 53 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 Veen v The Queen (1988) 164 CLR 465