Australian Building and Construction Commissioner v Ravbar (No 2) [2019] FCA 522

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Ravbar (No 2) [2019] FCA 522 File number: QUD 881 of 2016

Judge: REEVES J

Date of judgment: 15 April 2019

Catchwords: INDUSTRIAL LAW – penalties to be imposed for contraventions of s 343 of the Fair Work Act 2009 (Cth) – whether two penalties or two penalties with a notional maximum of one should be imposed on the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) for the contraventions of s 343 based on the conduct of the first and third respondents – whether the conduct of the first and third respondents form part of the same transaction or course of conduct – how the CFMMEU's history of contraventions should be taken into account in assessing an appropriate penalty – what factors should be taken into account when assessing the objective seriousness, or gravity, of the respondents' contravening conduct – what the appropriate penalties should be

Legislation: Fair Work Act 2009 (Cth)

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68; [2017] FCAFC 113 Australian Building and Construction Commissioner v Ravbar [2018] FCA 1196 BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining and Energy Union [2001] FCA 336 Cahill v Construction, Forestry, Mining and Energy Union (No 4) (2009) 189 IR 304; [2009] FCA 1040 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482; [2015] HCA 46 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) [2018] FCAFC 126 Construction, Forestry, Mining and Energy Union v Williams (2009) 262 ALR 417; [2009] FCAFC 171 Construction, Forestry, Mining and Energy Union v Decmil Engineering Pty Ltd (No 2) [2017] FCA 1237 Director of the Fair Work Building Industry Inspectorate v Stephenson [2014] FCA 1432 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 353 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 798 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Parker v Australian Building and Construction Commissioner [2019] FCAFC 56 The Queen v McInerney (1986) 42 SASR 111 Trade Practices Commission v CSR Limited (1991) ATPR ¶41-076 at 52,152 Veen v The Queen (No 2) (1988) 164 CLR 465