Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Case) (No 2) [2022] FCA 19

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Case) (No 2) [2022] FCA 19 File number(s): NSD 2057 of 2019

Judgment of: KATZMANN J

Date of judgment: 21 January 2022

Catchwords: INDUSTRIAL LAW — contraventions of ss 500 and 503 of Fair Work Act 2009 (Cth) at a building site on two consecutive days — where union official contravened s 500 twice and s 503 once on first day — where same official and second official each contravened s 500 on second day — where union liable for each of the contraventions of the officials — whether declarations should be made in respect of each contravention — assessment of penalties —whether contraventions across both days should be treated as the same course of conduct — whether one union official suffered "extra-curial punishment" due to media reporting — whether personal payment orders should be made

Legislation: Crimes Act 1914 (Cth) s 4AA Fair Work Act 2009 (Cth)ss 500, 503, 539, 545, 546, 550, 556, 557, 570, 793 Federal Court of Australia Act 1976 (Cth) s 21 Federal Court Rules 2011 (Cth) r 16.02(1)

Cases cited: Australian Automotive Repairers' Association (Political Action Committee) Inc v NRMA Insurance Limited [2002] FCA 1568 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Case) [2021] FCA 920 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Brooker Highway Case) (No 2) [2018] FCA 1214; 280 IR 356 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 (The Nine Brisbane Sites Appeal) (2019) 269 FCR 262 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 Construction, Forestry, Maritime, Mining and Energy Union (The Constitution Place Case) [2020] FCA 1070; 299 IR 231 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (the WGC Cranes Case) [2021] FCA 622; 307 IR 411 Australian Building and Construction Commissioner v Menon [2020] FCA 1418 Construction, Forestry, Maritime, Mining and Energy Union (The Non-Indemnification Personal Payment Case) (2018) 264 FCR 155 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Bay Street Appeal) (2020) 282 FCR 1 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; 194 IR 461; 269 ALR 1 Cruse v Multiplex Ltd (2008) 172 FCR 279 Do Carmo v Ford Excavations Pty Ltd (1984) 154 CLR 234 Fair Work Ombudsman v NSH North Pty Ltd trading as New Shanghai Charlestown [2017] FCA 1301; 275 IR 148 Mill v The Queen (1988) 166 CLR 59 Mornington Inn Pty Ltd v Jordan (2008) 168 FCR 383 Parker v Australian Building and Construction Commissioner (2019) 270 FCR 39 Pattinson v Australian Building and Construction Commissioner (2020) 282 FCR 580 Rocky Holdings Pty Ltd v Fair Work Ombudsman (2014) 221 FCR 153 Williams v Construction, Forestry, Mining & Energy Union (No 2) [2009] FCA 548; 182 IR 327