Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2018] FCA 934 File number: NSD 2115 of 2016
Judge: JAGOT J
Date of judgment: 21 June 2018
Catchwords: INDUSTRIAL LAW – meaning of s 557(3) of the Fair Work Act 2009 (Cth) –penalty for unlawful industrial action – no compensation under s 545(1) appropriate – conduct of employer and purpose of industrial action relevant to penalty and compensation – whether employer wants compensation relevant to whether a compensation order should be made
Legislation: Building and Construction Industry Improvement Act 2005 (Cth) s 69 Fair Work Act 2009 (Cth) ss 417, 539, 545, 546, 550, 557, 793 Fair Work (Registered Organisations) Act 2009 (Cth) s 79
Cases cited: Australian Building and Construction Commissioner v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (No 2) [2017] FCA 367 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 53; (2017) 249 FCR 458 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] HCA 3; (2018) 351 ALR 190 Australian Building and Construction Commissioner v Pauls [2017] FCA 843 Chevron Australia Pty Ltd v Maritime Union of Australia (No 2) [2016] FCA 768. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Ltd (No 2) [2010] FCA 652 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 772 DP World Sydney Limited v Maritime Union of Australia (No 2) [2014] FCA 596 Fair Work Ombudsman v Lohr [2018] FCA 5 Fair Work Ombudsman v Maritime Union of Australia [2012] FCA 1232 Fair Work Ombudsman v Maritime Union of Australia [2017] FCA 1363 Rocky Holdings Pty Ltd v Fair Work Ombudsman [2014] FCAFC 62; (2014) 221 FCR 153 Qantas Airways Ltd v Transport Workers' Union of Australia (No 2) [2011] FCA 816; (2011) 211 IR 119
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