Federal Court of Australia
Federal Court of Australia
Construction, Forestry, Maritime, Mining and Energy Union v Melbourne Precast Concrete Nominees Pty Ltd (No 3) [2020] FCA 1309 File number(s): VID 227 of 2020
Judgment of: O'CALLAGHAN J
Date of judgment: 14 September 2020
Catchwords: INDUSTRIAL LAW – employment – where declarations previously made that respondents contravened ss 50 and 340(1) of the Fair Work Act 2009 (Cth) (FW Act) by dismissing second applicant – reinstatement and compensation for economic loss previously ordered – whether respondents should also pay compensation for non-economic loss and pecuniary penalties – appropriate quantum of compensation – number of penalties to be imposed – whether rule against civil double jeopardy in s 556 of the FW Act applies – appropriate quantum of penalties
Legislation: Crimes Act 1914 (Cth) s 4AA Fair Work Act 2009 (Cth) ss 12, 50, 340(1), 340(1)(a), 340(1)(b), 361, 539(2), 545(1), 545(2), 546(1), 546(2), 556
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 2) [2018] FCA 163; 358 ALR 725 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Australian Licenced Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd (2011) 193 FCR 526 Australian Nursing Federation v Alcheringa Hostel Inc (2004) 136 FCR 530 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (2019) 272 FCR 290 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (2018) 264 FCR 155 Construction, Forestry, Maritime, Mining and Energy Union v Melbourne Precast Concrete Nominees Pty Ltd [2020] FCA 931 Construction, Forestry, Maritime, Mining and Energy Union v Melbourne Precast Concrete Nominees Pty Ltd (No 2) [2020] FCA 1215 Construction, Forestry, Mining and Energy Union v Decmil Engineering Pty Ltd (No 2) [2017] FCA 1237 Dafallah v Fair Work Commission (2015) 225 FCR 559 Employment Advocate v Barclay Mowlem Construction Ltd [2005] FCA 16; 139 IR 19 Fair Work Ombudsman v Maritime Union of Australia (No 2) [2015] FCA 814; 252 IR 101 Ponzio v B & P Caelli Constructions Pty Ltd (2007) 158 FCR 543 Sayed v Construction, Forestry, Mining and Energy Union (2016) 239 FCR 336 United Voice v Lloyds Services ACT [2017] FCA 1007
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