Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (No 2) [2019] FCA 938

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (No 2) [2019] FCA 938 File number: VID 347 of 2018

Judge: WHEELAHAN J

Date of judgment: 17 June 2019

Catchwords: INDUSTRIAL LAW – contraventions of s 346 of Fair Work Act 2009 (Cth) – making of orders as to penalty – whether contraventions deliberate – contraventions serious – penalties imposed.

Legislation: Evidence Act 1995 (Cth), s 140(2) Fair Work Act 2009 (Cth) s 336(1)(b)(i), s 342(1), s 346, s 546(1), s 550, s 570 Federal Court Rules 2011 r 39.32

Cases cited: Australian Building and Construction Commissioner v CFMEU (Werribee Shopping Centre Case) [2017] FCA 1235 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (the non-indemnification personal payment case) [2018] FCAFC 97; 280 IR 28 Director of the Fair Work Building Industry Inspectorate v Construction Forestry, Mining and Energy Union (Quest Apartments and Greek Community Centre) [2016] FCA 1262 Mornington Inn Pty Ltd v Jordan [2008] FCAFC 70; 168 FCR 383 Trade Practices Commission v CSR Limited [1990] FCA 762; (1991) ATPR 41-076