Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Registered Organisations Commissioner v Australian Workers' Union [2019] FCA 1852 File number: VID 583 of 2018
Judge: MORTIMER J
Date of judgment: 12 November 2019
Catchwords: INDUSTRIAL LAW – contraventions of the Fair Work (Registered Organisations) Act 2009 (Cth) (FWRO Act) – where second respondent admitted contraventions of s 285(1) and s 286(1)(a) – assessment of penalties – consideration of application of s 306(3) of the FWRO Act – where maximum penalties increased over relevant period – need for general deterrence
Legislation: Corporations Act 2001 (Cth) s 180 Evidence Act 1995 (Cth) s 191 Fair Work Act 2009 (Cth) s 557 Fair Work (Registered Organisations) Act 2009 (Cth) ss 5, 6, 9, 140, 141, 230, 283, 285, 286, 287, 306, 310, 329AA Fair Work (Registered Organisations) Amendment Act 2012 (Cth) Fair Work (Registered Organisations) Amendment Act 2016 (Cth) Workplace Relations Act 1996 (Cth) Explanatory Memorandum, Fair Work (Registered Organisations) Amendment Bill 2014 (Cth)
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Geelong Grammar School Case) (No 2) [2019] FCA 1498 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining, and Energy Union (Syme Library Case) (No 2) [2019] FCA 1555 Australian Building and Construction Commissioner v Gava [2018] FCA 1480 Australian Competition and Consumer Commission v Geowash Pty Ltd (Subject to a Deed of Company Arrangement) (No 3) [2019] FCA 72 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Australian Securities and Investments Commission v Healey (No 2) [2011] FCA 1003; 196 FCR 430 Australian Securities and Investments Commission v Soust (No 2) [2010] FCA 388; 78 ACSR 1 Australian Securities and Investments Commission v Vocation Limited (In Liquidation) (No 2) [2019] FCA 1783 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) [2018] FCAFC 97 Cousins v Merringtons Pty Ltd (No 2) [2008] VSC 340 Fair Work Ombudsman v South Jin Pty Ltd (No 2) [2016] FCA 832 General Manager of the Fair Work Commission v McGiveron [2017] FCA 405 General Manager of the Fair Work Commission v Thomson (No 3) [2015] FCA 1001 General Manager of the Fair Work Commission v Thomson (No 4) [2015] FCA 1433 Health Services Union v Jackson (No 4) [2015] FCA 865; 108 ACSR 156 New Image Photographics Pty Ltd v Fair Work Ombudsman [2013] FCA 1385 Registered Organisations Commissioner v Australian Nursing and Midwifery Federation (No 2) [2018] FCA 2004 Shafron v Australian Securities and Investments Commission [2012] HCA 18; 247 CLR 465 SZFDE v Minister for Immigration and Citizenship [2007] HCA 35; 232 CLR 189 Transport Workers' Union of Australia v Registered Organisations Commissioner (No 2) [2018] FCAFC 203; 363 ALR 464 Weininger v The Queen [2003] HCA 14; 212 CLR 629
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