Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Registered Organisations Commissioner v Australian Nursing and Midwifery Federation (No 2) [2018] FCA 2004 File number: WAD 470 of 2015
Judge: BARKER J
Date of judgment: 14 December 2018
Catchwords: INDUSTRIAL LAW – contraventions of the Fair Work (Registered Organisations) Act 2009 (Cth) – assessment of penalties – where Australian Nursing and Midwifery Federation (ANMF) admitted contraventions of ss 253(1), 265(5) and 266(1) – where Registered Organisations Commissioner and ANMF agreed appropriate penalty – course of conduct – totality principle – where second respondent found to have contravened s 285(1) – where maximum penalties increased over relevant period – need for specific and general deterrence
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) ss 253(1), 265(5), 266(1), 285(1), 305(2)(w), 305(2)(zd), 305(3), 315
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union and Another (2017) 254 FCR 68; [2017] FCAFC 113 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd and Others (1997) 145 ALR 36; [1997] FCA 450 Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2017] FCAFC 159 Australian Competition and Consumer Commission v Telstra Corporation Ltd (2010) 188 FCR 238; [2010] FCA 790 Construction, Forestry, Mining and Energy Union and Another v Cahill (2010) 269 ALR 1; [2010] FCAFC 39 Construction, Forestry, Mining and Energy Union and Another v Williams (2009) 262 ALR 417; [2009] FCAFC 171 General Manager of Fair Work Australia v Health Services Union [2014] FCA 970 General Manager of the Fair Work Commission v McGiveron [2017] FCA 405 General Manager of the Fair Work Commission v Musicians' Union of Australia [2016] FCA 302 General Manager of the Fair Work Commission v Thomson (No 4) [2015] FCA 1433 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Mornington Inn Pty Ltd v Jordan (2008) 168 FCR 383; [2008] FCAFC 70 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commissioner (1996) 71 FCR 285; [1996] FCA 1134 Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57 Re HIH Insurance (in prov liq) and HIH Casualty and General Insurance Ltd (in prov liq); Australian Securities and Investments Commission v Adler and Others (2002) 42 ACSR 80; [2002] NSWSC 483 Registered Organisations Commissioner v Australian Nursing and Midwifery Federation [2018] FCA 1735 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249; [2012] FCAFC 20 The Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482; [2015] HCA 46 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64
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