Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Nine Brisbane Sites Case) (No 3) [2018] FCA 564

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Nine Brisbane Sites Case) (No 3) [2018] FCA 564 File number: QUD 755 of 2016

Judge: COLLIER J

Date of judgment: 24 April 2018

Catchwords: INDUSTRIAL LAW – alleged contraventions of s 417 of the Fair Work Act 2009 (Cth) – stop work meetings – where the enterprise agreement contained a union meeting clause – proper construction of union meeting clause – meaning of "industrial action" under s 19(1) of the Fair Work Act 2009 (Cth) – whether otherwise unlawful conduct can be authorised within the meaning of s 19(2)(a) – whether authorised conduct is "industrial action" for the purposes of Pt 3-3 of the Fair Work Act 2009 (Cth) – relevance and operation of s 194(e) of the Fair Work Act 2009 (Cth) INDUSTRIAL LAW – where the respondent union instigated a campaign against the principal contractor across numerous sites – stop work meetings and strike action – admitted contraventions of ss 346(b), 355 and 417 of the Fair Work Act 2009 (Cth) – appropriate penalties – application of s 556 of the Fair Work Act 2009 (Cth) – general and specific deterrence – prior contraventions and similar previous conduct – contrition and cooperation – application of the totality principle under s 557 of the Fair Work Act 2009 (Cth)

Legislation: Crimes Act 1914 (Cth) s 4AA(1) Fair Work Act 2009 (Cth) Pts 2-4, 3-1, 3-1 Div 4, 3-1 Div 5, 3-3; ss 19(1), 19(1)(a), 19(1)(b), 19(1)(c), 19(2)(a), 194, 194(e), 343(1)(a), 343(1)(b), 346(b), 346(c), 347, 347(a), 347(b), 347(b)(iv), 348, 355, 355(b), 406, 417, 556, 557, 557(1), 557(2)