Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd (No 2) [2018] FCA 480

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd (No 2) [2018] FCA 480 File number: QUD 174 of 2017

Judge: RANGIAH J

Date of judgment: 12 April 2018

Catchwords: INDUSTRIAL LAW – industrial action – contraventions of s 50 of the Fair Work Act 2009 (Cth) – assessment of penalties – form of declaratory order

Legislation: Fair Work Act 2009 (Cth), ss 50, 546(1) and 557

Cases cited: Australian & International Pilots Association v Qantas Airways Limited [2009] FCA 500 Australian Building and Construction Commissioner v Ingham (No 2) (The Enoggera Barracks Case) [2018] FCA 263 Australian Building and Construction Commissioner v Pauls [2017] FCA 843 Australian Competition and Consumer Commission v Francis (2004) 142 FCR 1 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (No 2) [2012] FCA 629 BMW Australia Ltd v Australian Competition and Consumer Commission (2004) 207 ALR 452 Carr v Higgins Coatings Pty Ltd (2005) 148 IR 201 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Telstra Corporation Ltd [2007] FCA 1607 Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2018] FCA 125 Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd (No 2) [2016] FCA 727 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Rural Press Limited and Others v Australian Competition and Consumer Commission (2003) 216 CLR 53 Sayed v Construction, Forestry, Mining and Energy Union [2016] FCAFC 4 United Firefighters Union of Australia v Country Fire Authority (No 2) [2017] FCA 1614 Universal Music Australia Pty Ltd v Australian Competition and Consumer Commission (2003) 131 FCR 529