Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Constitution Place Case) [2020] FCA 1070

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Constitution Place Case) [2020] FCA 1070 File number: ACD 29 of 2019

Judge: KATZMANN J

Date of judgment: 28 July 2020

Catchwords: INDUSTRIAL LAW — contraventions of s 47 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) — where three union officials admittedly engaged in unlawful picketing at a building site — assessment of penalties — where s 94 provides that a body corporate is taken to have engaged in the same conduct as an officer, employee or agent of the body within the scope of his or her actual or apparent authority, whether the union committed three contraventions of s 47 or one — whether the union's history of non-compliance with industrial laws entitles or warrants maximum or near maximum penalties or penalty — role of proportionality in assessment of civil penalties — whether prior contraventions of a different character should be taken into account — whether prior contraventions by union in other parts of Australia by other branches of the same division should be taken into account — whether motivations of union officials a mitigating factor — whether personal payment orders should be made against union officials

Legislation: Building and Construction Industry (Improving Productivity) Act 2016 (Cth) ss 3, 5, 6, 47(2), 81, 84, 94 Fair Work Act 2009 (Cth) s 793 Fair Work (Registered Organisations) Act 2009 (Cth) s 26, 27 Federal Court of Australia Act 1976 (Cth) ss 21, 23 Evidence Act 1995 (Cth) s 55 Crimes Legislation Amendment (Penalty Unit) Act 2017 (Cth), Sch 1