Registered Organisations Commissioner v Communications, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2020] FCA 96

FEDERAL COURT OF AUSTRALIA

Registered Organisations Commissioner v Communications, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2020] FCA 96 File number: NSD 802 of 2018

Judge: FLICK J

Date of judgment: 11 February 2020

Catchwords: INDUSTRIAL LAW – need for notifications of office holders – failure to provide notification on time – admitted contraventions INDUSTRIAL LAW – quantification of penalties – principles to be applied – multiple contraventions – course of conduct – need to consider individual contraventions when quantifying penalty – different approaches – totality PRACTICE AND PROCEDURE – need for leave to withdraw admissions in a defence – leave granted

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) ss 5, 172, 230, 231, 233, 253, 265, 266, 305, 306, 315, 349 Federal Court Rules 2011 (Cth) r 26.11 Fair Work (Registered Organisations) Regulations 2009 (Cth) reg 20

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113, (2017) 254 FCR 68 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union ("Cardigan St Case") [2018] FCA 957 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 53, (2017) 249 FCR 458 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 145 ALR 36 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54, (2013) 250 CLR 640 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith [2008] FCAFC 8, (2008) 165 FCR 560 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46, (2015) 258 CLR 482 Fair Work Ombudsman v Grouped Property Services Pty Ltd (No 2) [2017] FCA 557 Fair Work Ombudsman v Yogurberry World Square Pty Ltd [2016] FCA 1290 Forbes Engineering (Asia) Pte Limited v Forbes (No 3) [2007] FCA 1637 General Manager of Fair Work Australia v Health Services Union [2014] FCA 970 Hossain v Minister for Immigration and Border Protection [2018] HCA 34, (2018) 92 ALJR 780 Jeans v Commonwealth Bank of Australia Ltd [2003] FCAFC 309, (2003) 204 ALR 327 Kelly v Fitzpatrick [2007] FCA 1080, (2007) 166 IR 14 Markarian v The Queen [2005] HCA 25, (2005) 228 CLR 357 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Registered Organisations Commissioner v Australian Nursing and Midwifery Federation (No 2) [2018] FCA 2004 Registered Organisations Commissioner v Transport Workers' Union of Australia [2018] FCA 32 ResMed Ltd v Australian Manufacturing Workers' Union (No 2) [2017] FCAFC 14, (2017) 249 FCR 408 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20, (2012) 287 ALR 249 Transport Workers' Union of Australia v Registered Organisations Commissioner (No 2) [2018] FCAFC 203, (2018) 363 ALR 464