Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v Fissenden [2020] FCA 945 File number: QUD 614 of 2019
Judge: RANGIAH J
Date of judgment: 9 July 2020
Catchwords: INDUSTRIAL LAW – pecuniary penalties – admitted contraventions of ss 346 and 348 of the Fair Work Act 2009 (Cth) – consideration of principles relating to imposition of pecuniary penalties – relevance of prior contraventions to assessment of penalty – penalties imposed
Legislation: Building and Construction Industry (Improving Productivity) Act 2016 (Cth) Building and Construction Industry Improvement Act 2005 (Cth) Fair Work Act 2009 (Cth) ss 346, 347, 348, 363, 545, 546, 556 and 793 Workplace Relations Act 1996 (Cth)
Cases cited: Auimatagi v Australian Building and Construction Commissioner (2018) 267 FCR 268 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2018) 262 CLR 157 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Aldi/Altona North Case) (No 2) [2019] FCA 1667 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, Maritime, Mining and Energy Union (Castlemaine Police Station Case No 2) [2020] FCA 202 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Geelong Grammar School Case) [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 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 Hassett [2019] FCA 855 Australian Building and Construction Commissioner v Pattinson [2019] FCA 1654 Australian Building and Construction Commissioner v Powell (No 2) [2019] FCA 972 Australian Opthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 Canturi v Sita Coaches Pty Ltd (2002) 116 FCR 276 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) (2018) 265 FCR 208 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) (2018) 264 FCR 155 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 353 Parker v Australian Building and Construction Commissioner (2019) 270 FCR 39
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