Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The North Queensland Stadium Case) (No 2) [2021] FCA 105

Federal Court of Australia

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The North Queensland Stadium Case) (No 2) [2021] FCA 105 File number: QUD 228 of 2019

Judgment of: RANGIAH J

Date of judgment: 17 February 2021

Catchwords: INDUSTRIAL LAW – pecuniary penalties for contraventions of ss 46 and 54 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) – consideration of appropriate penalties – whether personal payment order should be made against union official where order not sought in originating application –no personal payment order made – respondents to pay applicant's costs

Legislation: Building and Construction Industry (Improving Productivity) Act 2016 (Cth) ss 7, 46, 54, 81, 83 and 84 Fair Work Act 2009 (Cth) s 546(1) and Pt 3-3 Federal Court Rules 2011 (Cth) rr 8.01 and 8.03

Cases cited: Australian Building and Construction Commissioner v Adams [2018] FCA 1520 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (North Queensland Stadium Case) [2020] FCA 947 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68 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, Mining and Energy Union (2018) 262 CLR 157 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 249 FCR 458 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Quest Apartments Case) (No 2) (2018) 358 ALR 725; [2018] FCA 163 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 249 FCR 458 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union [2020] FCA 1662 Australian Building and Construction Commissioner v McCullough (No 2) [2017] FCA 295 Australian Building and Construction Commissioner v Mamudi [2017] FCA 134 Australian Building Construction Commissioner v Huddy (No 2) [2017] FCA 1088 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 Banque Commerciale SA En Liquidation v Akhil Holdings Ltd (1990) 169 CLR 279 Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 3) [2007] FCAFC 119 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) (2018) 265 FCR 208 Cozadinos v Construction, Forestry, Mining and Energy Union [2013] FCA 1243 Director of Fair Work Building Industry Inspectorate v Stephenson (2014) 146 ALD 75; [2014] FCA 1432 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 798 Director of the Fair Work Building Industry Inspectorate v Ellen (The Longford Gas Plant Case) [2016] FCA 1395 Director of the Fair Work Building Industry Inspectorate v Merkx [2015] FCA 316 Dodds Family Investments Pty Ltd (formerly Solar Tint Pty Ltd) v Lane Industries Pty Ltd (1993) 26 IPR 261 Hughes v Western Australian Cricket Association Inc (1986) ATPR 40–748 Kosciuszko Thredbo Pty Limited v ThredboNet Marketing Pty Limited (No 2) [2013] FCA 609 Northern Territory v Sangare (2019) 265 CLR 164 Oshlack v Richmond River Council (1998) 193 CLR 72 Pattinson v Australian Building and Construction Commissioner (2020) 384 ALR 75; [2020] FCAFC 177 The State of Victoria v Sportsbet Pty Ltd (No 2) [2012] FCAFC 174