Federal Court of Australia
Federal Court of Australia
Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman [2023] FCA 72 Appeal from: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union [2022] FedCFam2CG 40
File number: QUD 47 of 2022
Judgment of: RANGIAH J
Date of judgment: 10 February 2023
Catchwords: INDUSTRIAL LAW – Fair Work Act 2009 (Cth) – appeal against quantum of penalties – where Commissioner conceded three grounds of appeal – redetermination of penalties – whether Court can take into account utilitarian value of admissions – which past contraventions are relevant – whether past contraventions determined after primary judgment can be considered
Legislation: Fair Work Act 2009 (Cth) ss 349(1), 484, 486–521D, 546 and 550(2) Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) Schedule 1 Part 3 Workplace Relations Act 1996 (Cth) s 298P(3)(a)
Cases cited: ABCC v CFMMEU (Boggo Road Cross River Rail Case) [2022] FedCFamC2G 574 ABCC v CFMMEU (The Laverton North and Cheltenham Premises Case) (No 2) [2019] FCA 973 Australasian Meat Industry Employees Union v Dick Stone Pty Ltd (No 2) [2022] FCA 1263 Australian Building and Construction Commission v Pattinson [2022] HCA 13; (2022) 96 ALJR 426 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union [2022] FedCFamC2G 40 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 [2022] FedCFamC2G 156 Australian Competition and Consumer Commission v Cement Australia Pty Ltd (2017) 258 FCR 312; [2017] FCAFC 159; ATPR 42-557 Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73; (2018) 357 ALR 55 Australian Securities and Investments Commission v Citrofresh International Ltd (No 3) [2010] FCA 292; (2010) 268 ALR 303 Betts v The Queen (2016) 258 CLR 420 Cameron v The Queen (2002) 209 CLR 339 Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) v Richard Crookes Constructions Pty Ltd [2022] FCA 992 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (2018) 264 FCR 155 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; (2010) 194 IR 461 Day v SAS Trustee Corporation [2021] NSWCA 71 Director of Public Prosecutions (Cth) v Thomas (2016) 53 VR 546 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] HCA 26; (2003) 77 ALJR 1088 Fair Work Ombudsman (formerly Australian Building and Construction Commissioner) v Construction, Forestry, Maritime, Mining and Energy Union (The Constitution Place Case) (No 2) [2023] FCA 13 Fair Work Ombudsman v 85 Degrees Coffee Australia Pty Ltd [2022] FCA 1317 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Goodwin v Commissioner of Police [2010] NSWCA 239 Hardwick v Australian Manufacturing Workers' Union [2010] FCA 818; (2010) 198 IR 312 Jess v Cooloola Milk Pty Ltd [2022] FCAFC 75 Liddell Coal Operations Pty Ltd v Hector [2021] NSWCA 47 Maritime Union of Australia v Fair Work Commission (2015) 230 FCR 15 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72; (2004) ATPR 41-993 Mornington Inn Pty Ltd v Jordan (2008) 168 FCR 383 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Pattinson v Australian Building and Construction Commissioner (2020) 282 FCR 580 R v McInerney (1986) 42 SASR 111 Re Trade Practices Commission v CSR Ltd [1990] FCA 521; (1991) ATPR 41-076 Secretary to Department of Education and Training v Paul [2020] VSCA 280 Siganto v The Queen (1998) 194 CLR 656 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; (2012) 287 ALR 249 Transport Workers' Union of Australia v Registered Organisations Commissioner (No 2) (2018) 267 FCR 40 Transport Workers' Union of Australia v Registered Organisations Commissioner [No 2] [2018] FCAFC 203 Veen v The Queen (No 2) (1988) 164 CLR 465
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