Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Aldi/Altona North Case) (No 2) [2019] FCA 1667 File number: VID 458 of 2016
Judge: BROMBERG J
Date of judgment: 11 October 2019
Catchwords: INDUSTRIAL LAW – admitted contraventions of s 348 of the Fair Work Act 2009 (Cth) ("Act") which provides that a person must not organise or take or threaten to take any action to coerce another person to engage in industrial activity – admitted contraventions of s 346(c) of the Act which provides that a person must not take adverse action against another person because the person does not or is not or proposes not to engage in industrial activity – making of declarations – principles relating to imposition of pecuniary penalties – the relevance of previous contraventions by the respondents of industrial legislation to the penalty to be imposed – proportionality of penalty to contravening conduct – general deterrence – specific deterrence – whether a single course or multiple courses of conduct – principle of totality – whether a personal payment order should be imposed on the second respondent.
Legislation: Fair Work Act 2009 (Cth), ss 346, 347(b)(iv), 348, 539, 546(1) 556
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Cardigan Street Case) [2018] FCA 957 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Bay Street Case) (2018) 260 FCR 564 Australian Building and Construction Commissioner v Construction Forestry, Maritime, Mining and Energy Union (The Laverton North and Cheltenham Premises Case) (No 2) [2019] FCA 973 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The QLD Infrastructure Case) (2017) 254 FCR 68 Australian Building and Construction Commissioner v Powell (No 2) [2019] FCA 972 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) (No 2) [2018] FCAFC 117
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