Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Richard Crookes Constructions Pty Ltd [2022] FCA 1142

Federal Court of Australia

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Richard Crookes Constructions Pty Ltd [2022] FCA 1142 File number(s): NSD 330 of 2021

Judgment of: GOODMAN J

Date of judgment: 27 September 2022

Catchwords: INDUSTRIAL LAW – officials of the applicant with rights of entry as permit holders under the Work Health and Safety Act 2011 (NSW) and the Fair Work Act 2009 (Cth) attended a major construction site for which the respondent was the occupier and head contractor to investigate suspected contraventions of the Work Health and Safety Act 2011 (NSW) and the Work Health and Safety Regulation 2017 (NSW) – right of entry to investigate suspected contraventions hindered, obstructed or denied on three occasions – contraventions admitted by respondent – consideration of the principles applicable to the fixing of penalties – nature of the contraventions – gravity of conduct – substantial respondent – contrition – two centrally involved employees no longer employed by the respondent – training program to avoid further contraventions – substantial penalties required – declaratory relief granted

Legislation: Crimes Act 1914 (Cth), s 4AA Fair Work Act 2009 (Cth), ss 12, 501, 502, 512, 539, 546, 793 Work Health and Safety Act 2011 (NSW), ss 5, 19, 20, 117, 118, 119, 134 Work Health and Safety Regulation 2017 (NSW), regs 49, 50, 289, 291, 293

Cases cited: Australian Building and Construction Commissioner v Australian Workers' Union [2022] FCAFC 143 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; (2022) 96 ALJR 426 Construction, Forestry, Mining and Energy Union v Decmil Engineering Pty Ltd (No 2) [2017] FCA 1237 Construction, Forestry, Maritime, Mining and Energy Union v Richard Crookes Constructions Pty Limited [2022] FCA 992 Trade Practices Commission v CSR Ltd [1990] FCA 762; (1991) 13 ATPR ¶41-076