Registered Organisations Commissioner v Australian Workers' Union (No 2) [2020] FCA 1148

FEDERAL COURT OF AUSTRALIA

Registered Organisations Commissioner v Australian Workers' Union (No 2) [2020] FCA 1148 File number: VID 583 of 2018

Judge: SNADEN J

Date of judgment: 12 August 2020

Catchwords: INDUSTRIAL LAW – admitted contraventions of ss 172 and 230 of the Fair Work (Registered Organisations) Act 2009 (Cth) and its predecessor provisions – penalties to be applied – whether conduct engaged in by or with the imprimatur of senior management – whether conduct deserving of sterner penalty than might otherwise apply – penalties increased over relevant period – need for general deterrence – appropriateness of declaratory relief

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) – ss 6, 172, 230, 285, 286, 305, 306, 310, 329 and 329AA Workplace Relations Act 1996 (Cth) – sch 1 – ss 8, 172 and 230

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The College Crescent Case) [2020] FCA 757 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Nine Brisbane Sites Appeal) (2019) 269 FCR 262 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68 Australian Building and Construction Commissioner v Pattinson [2019] FCA 1654 Construction, Forestry, Maritime, Mining and Energy Union v Milin Builders Pty Ltd [2019] FCA 1070 Fair Work Ombudsman v Australian Workers' Union [2020] FCA 60 Green v The Queen (2011) 244 CLR 462 Registered Organisations Commissioner v Australian Workers' Union [2019] FCA 1852 Transport Workers Union of Australia v Registered Organisations Commissioner (No 2) (2018) 363 ALR 464 Transport Workers' Union of Australia v Registered Organisations Commissioner (No 2) (2018) 267 FCR 40