Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Decmil Engineering Pty Ltd (No 2) [2017] FCA 1237 File number: VID 121 of 2016
Judge: TRACEY J
Date of judgment: 24 October 2017
Catchwords: INDUSTRIAL LAW – first and second respondents admitted contraventions of s 501 of the Fair Work Act 2009 (Cth) – the applicant and those respondents proposed an agreed pecuniary penalty – consideration of appropriate penalty – whether payment should be made to the applicant
Legislation: Crimes Act 1914 (Cth) s 4AA(1) Fair Work Act 2009 (Cth) ss 12, 494(3), 497, 498, 501, 502, 512, 539(1), 539(2) item 25 column 1, 539(2) item 25 column 4, 546(1), 546(2)(b), 546(3)(b), 793, Pt 3-4 Div 3, Pt 8 Fair Work (Registered Organisations) Act 2009 (Cth) Fair Work Regulations 2009 (Cth) reg 3.25 item 2 Occupational Health and Safety Act 2004 (Vic) ss 5, 83, 87, 87(1), 87(1)(a), 87(2)
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 5 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640; [2013] HCA 54 Construction, Forestry, Mining and Energy Union v Australian Building and Construction Commissioner (2016) 247 FCR 339; [2016] FCAFC 184 Construction, Forestry, Mining and Energy Union v Decmil Engineering Pty Ltd [2016] FCA 615Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482; [2015] HCA 46 Construction, Forestry, Mining and Energy Union v Safety Glass Pty Ltd [2010] FCA 989 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 413 Fair Work Ombudsman v Grouped Property Services Pty Ltd (No 2) [2017] FCA 557 Murrihy v Betezy.com.au Pty Ltd (No 2) (2013) 221 FCR 118; [2013] FCA 1146 Plancor Pty Ltd v Liquor, Hospitality and Miscellaneous Union (2008) 171 FCR 357; [2008] FCAFC 170 Ponzio v B & P Caelli Construction Pty Ltd (2007) 158 FCR 543; [2007] FCAFC 65 Sayed v Construction, Forestry, Mining and Energy Union (2016) 239 FCR 336; [2016] FCAFC 4 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249; [2012] FCAFC 20
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