Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chevron Australia Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union (No 3) [2020] FCA 451 File number: WAD 145 of 2012
Judge: BANKS-SMITH J
Date of judgment: 9 April 2020
Catchwords: INDUSTRIAL LAW - contraventions of s 417(1) of Fair Work Act 2009 (Cth) - union organised unlawful industrial action by employees over two days - two contraventions - where same facts founded each declaration of contravention - pecuniary penalty - common law course of conduct principle - meaning of s 557(3) of the Fair Work Act 2009 (Cth) - single penalty to avoid double punishment - compensation - suspension of payment - injunction
Legislation: Fair Work Act 2009 (Cth) ss 3, 19, 27, 44, 45, 417, 545, 546, 557 Fair Work (Registered Organisations) Act 2009 (Cth) s 79
Cases cited: ALDI Foods Pty Limited v Shop, Distributive & Allied Employees Association [2017] HCA 53; (2017) 262 CLR 593 Australian Building and Construction Commission v Construction, Forestry, Mining and Energy Union (The Kane Constructions Case) [2017] FCA 168 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Nine Brisbane Sites Appeal) [2019] FCAFC 59 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 Construction, Forestry, Mining and Energy Union [2017] FCAFC 53; (2017) 249 FCR 458 Australian Building and Construction Commissioner v Pauls [2017] FCA 843 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (No 7) [2016] FCAFC 181 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith [2008] FCAFC8; (2008) 165 FCR 560 BHP Billiton Minerals Pty Ltd v Maritime Union of Australia [2014] FCA 1357 BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining & Energy Union [2001] FCA 336 Chevron Australia Pty Ltd v The Maritime Union of Australia (No 2) [2016] FCA 768 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 258 CLR 482 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Limited (No 2) [2010] FCA 652 Construction, Forestry, Mining and Energy Union v Williams [2009] FCAFC 171 Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1213 DP World Sydney Limited v Maritime Union of Australia (No 2) [2014] FCA 596 Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2018] FCA 934 Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (the Hutchison Ports Appeal) [2019] FCAFC 69 Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 1942 Fair Work Ombudsman v Grouped Property Services Pty Ltd (No 2) [2017] FCA 557 Fair Work Ombudsman v Maritime Union of Australia (No 2) [2015] FCA 814 Fair Work Ombudsman v Maritime Union of Australia [2012] FCA 1232 Fair Work Ombudsman v Maritime Union of Australia [2012] FCA 1521 Fair Work Ombudsman v Skilled Offshore (Australia) Pty Ltd [2015] FCA 275 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Rocky Holdings Pty Limited v Fair Work Ombudsman [2014] FCAFC 62; (2014) 221 FCR 153 SAS Trustee Corporation v Miles [2018] HCA 55 Sayed v Construction, Forestry, Mining and Energy Union [2016] FCAFC 4; (2016) 239 FCR 336 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 262 CLR 362 Taylor v The Owners - Strata Plan No 11564 [2014] HCA 9; (2014) 253 CLR 531 Thomson Australian Holdings Pty Ltd v Trade Practices Commission [1981] HCA 48; (1981) 148 CLR 150 Williams v Construction, Forestry, Mining and Energy Union (No 2) [2009] FCA 548 Woodside Burrup Pty Ltd v Construction, Forestry, Mining & Energy Union [2011] FCA 949; (2011) 220 FCR 551
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate