Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Quest Apartments Case) (No 2) [2018] FCA 163

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Quest Apartments Case) (No 2) [2018] FCA 163 File number: VID 406 of 2016

Judge: TRACEY J

Date of judgment: 26 February 2018

Catchwords: INDUSTRIAL LAW – where the Federal Court had found contraventions of ss 346(b), 348 and 349(1)(a) of the Fair Work Act 2009 (Cth) by an officer of the Construction, Forestry, Mining and Energy Union at a construction site – where the officer was found, among other things, to have knowingly misrepresented to workers that they could not work on the site unless they paid fees to the union – where the union was found to be liable for the contraventions pursuant to ss 363 and 793 of the Fair Work Act 2009 (Cth) – consideration of appropriate penalties – consideration of s 556 of the Fair Work Act 2009 (Cth) and the need to avoid civil double jeopardy – consideration of whether any penalty imposed upon the officer ought to be wholly suspended

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) Crimes Act 1914 (Cth) s 4AA(1) Fair Work Act 2009 (Cth) ss 12, 346(b), 348, 349(1)(a), 363, 539(2) item 11, 545(1), 546(2), 556, 793 Federal Court of australia Act 1976 (Cth) s 21(1) Workplace Relations Act 1996 (Cth)

Cases cited: Australian Building and Construction Commissioner v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (The Australian Paper Case) (No 2) [2017] FCA 367 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (the Webb Dock case) [2017] FCA 62 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 249 FCR 458; [2017] FCAFC 53 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Quest Apartments Case) [2017] FCA 1398 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Footscray Station Case) [2017] FCA 1555 Australian Building and Construction Commissioner v Huddy (No 2) [2017] FCA 1088 Australian Building and Construction Commissioner v Pauls [2017] FCA 843 Australian Competition and Consumer Commission v High Adventure Pty Ltd (2006) ATPR ¶42-091; [2005] FCAFC 247 Australian Licensed Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd (No 2) (2011) 205 IR 465; [2011] FCA 394 Canturi v Sita Coaches Pty Ltd (2002) 116 FCR 276; [2002] FCA 349 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482; [2015] HCA 46 Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1213 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 (Quest Apartments and Greek Community Centre) [2016] FCA 1262 Director of the Fair Work Building Industry Inspectorate v Ellen (The Longford Gas Plant Case) [2016] FCA 1395 United Group Resources Pty Ltd v Calabro (No 7) (2012) 203 FCR 247; [2012] FCA 432 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64