Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Morphettville Park Case) [2021] FCA 1640

Federal Court of Australia

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Morphettville Park Case) [2021] FCA 1640 File number: SAD 152 of 2020

Judgment of: WHITE J

Date of judgment: 23 December 2021

Catchwords: INDUSTRIAL LAW – admitted contravention of s 500 of the Fair Work Act 2009 (Cth) – determination of penalties – relevant considerations in determining appropriate penalties – issued declarations – penalties imposed.

Legislation: Crimes Act 1914 (Cth) s 4AA Fair Work Act 2009 (Cth) ss 500, 512, 546, 550, 793 Fair Work (Registered Organisations) Act 2009 (Cth) s 27 Work Health and Safety Act 2012 (SA) ss 116, 134

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Adelaide Airport Case) [2021] FCA 951 Australian Building and Construction Commissioner v Menon [2020] FCA 1418 Australian Competition and Consumer Commission v Yellow Page Marketing BV (No 2) [2011] FCA 352; (2011) 195 FCR 1 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) [2018] FCAFC 126; (2018) 265 FCR 208 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 Pattinson v Australian Building and Construction Commissioner [2020] FCAFC 177; (2020) 384 ALR 75 R v Byrnes [1995] HCA 1; (1995) 183 CLR 501