Construction, Forestry, Maritime, Mining and Energy Union v Kyren Pty Ltd [2020] FCA 1356

Federal Court of Australia

Construction, Forestry, Maritime, Mining and Energy Union v Kyren Pty Ltd [2020] FCA 1356 File number: SAD 135 of 2019

Judgment of: WHITE J

Date of judgment: 23 September 2020

Catchwords: INDUSTRIAL LAW – admitted contraventions of s 501 and s 502(1) of the Fair Work Act 2009 (Cth) – determination of penalties – relevant considerations in determining appropriate declarations and penalties.

Legislation: Evidence Act 1995 (Cth) s 135 Fair Work Act 2009 (Cth) ss 480, 494, 497, 498, 499, 501, 502, 546, 793 Work Health and Safety Act 2012 (SA) ss 3, 4, 19, 116, 117, 118, 119, 132

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113; (2017) 254 FCR 68 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; (2013) 250 CLR 640 BGC POS Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 74; (2019) 285 IR 43 BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining and Energy Union [2001] FCA 336 Cahill v Construction, Forestry, Mining and Energy Union (No 4) [2009] FCA 1040; (2009) 189 IR 304 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 258 CLR 482 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) [2018] FCAFC 97; (2018) 264 FCR 155 Construction, Forestry, Mining and Energy Union v Decmil Engineering Pty Ltd (No 2) [2017] FCA 1237 Damberg v Damberg [2001] NSWCA 87; (2001) 52 NSWLR 492 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 413 Director of the Fair Work Building Industry Inspectorate v Stephenson [2014] FCA 1432 Maritime Union of Australia v Fair Work Commission [2015] FCAFC 56; (2015) 230 FCR 15