Federal Court of Australia
Federal Court of Australia
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Monash Freeway Widening Case) (No 2) [2021] FCA 1101 File number: VID 496 of 2018
Judgment of: SNADEN J
Date of judgment: 14 September 2021
Catchwords: INDUSTRIAL LAW – pecuniary penalties – contraventions of ss 499 and 500 of the Fair Work Act 2009 (Cth) – determination of appropriate penalty – civil double jeopardy – analysis of the nature, gravity, character and seriousness of the contraventions – significance of union's history of contravening conduct – whether that history should inform the court's assessment of appropriate penalties – significance of corrective action – penalties imposed – appropriateness of declaratory relief
Legislation: Evidence Act 1995 (Cth) s 66A Fair Work Act 2009 (Cth) pt 3-4, ss 494, 499, 500, 502, 510, 546, 550, 556, and 793 Fair Work (Registered Organisations) Act 2009 (Cth)
Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68 Australian Building and Construction Commissioner v Construction, Forestry, 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 Monash Freeway Widening Case) [2020] FCA 1727 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 Milin Builders Pty Ltd [2019] FCA 1070 Director of the Fair Work Building Industry Inspectorate v Robinson (2016) 241 FCR 338 Pattinson v Australian Building and Construction Commissioner (2020) 384 ALR 75 Sankey v Whitlam (1978) 142 CLR 1 Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Limited (2000) 200 CLR 591
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate