Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Werribee Shopping Centre Case) [2017] FCA 1235

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Werribee Shopping Centre Case) [2017] FCA 1235 File number: VID 860 of 2016

Judge: TRACEY J

Date of judgment: 23 October 2017

Catchwords: INDUSTRIAL LAW – construction industry – admitted contraventions of the Fair Work Act 2009 (Cth) – adverse action contrary to s 346 taken by union and official by preventing an employee from performing work for reasons including that he was not a member of the union – action contrary to s 348 taken by union and an official by preventing the same employee from performing work with intent to coerce him to engage in industrial activity by becoming a union member – action contrary to s 348 taken by union and official by preventing another employee from performing work with intent to coerce him to engage in industrial activity by paying fees to the union INDUSTRIAL LAW – contraventions of civil remedy provisions – where first and second respondents admitted contraventions of ss 346 and 348 of the Fair Work Act 2009 (Cth) – consideration of appropriate declarations and penalties – where first respondent has significant record of prior contravention – importance of deterrence

Legislation: Building and Construction Industry (Consequential and Transitional Provisions) Act 2016 (Cth) sch 2 item 19 Crimes Act 1914 (Cth) s 4AA(1) Fair Work Act 2009 (Cth) ss 12, 342 item 7(b), 346, 347(a), 347(b)(vi), 348, 363(1)(b), 363(3), 539(2) item 11 column 4, 546(2)