Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Parliament Square Case) (No 2) [2018] FCA 1201

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Parliament Square Case) (No 2) [2018] FCA 1201 File number: TAD 30 of 2016

Judge: TRACEY J

Date of judgment: 16 August 2018

Catchwords: INDUSTRIAL LAW – where the Federal Court had found contraventions of s 500 of the Fair Work Act 2009 (Cth) by an official of the Construction, Forestry, Mining and Energy Union – where the union was liable on the basis of s 550 of the Fair Work Act 2009 (Cth) – consideration of appropriate penalties – consideration of whether a non-indemnification personal payment order should be made

Legislation: Crimes Act 1914 (Cth) s 4AA(1) Fair Work Act 2009 (Cth) Pt 3-4, ss 12, 486, 500, 539(2), 546(1), 546(2), 546(3)(a)

Cases cited: Australian Building and Construction Commission v Construction, Forestry, Maritime, Mining and Energy Union (The Bendigo Theatre Case) (No 2) [2018] FCA 1211 Australian Building and Construction Commissioner v Construction Forestry, Maritime, Mining and Energy Union (The Brooker Highway Case) [2018] FCA 1081 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68; [2017] FCAFC 133 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Parliament Square Case) [2018] FCA 1080 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) (No 2) [2018] FCAFC 117