Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia [2023] FCA 828 File number(s): QUD 222 of 2019
Judgment of: COLLIER J
Date of judgment: 24 July 2023
Catchwords: INDUSTRIAL LAW – Contravention of s 46 Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCIIP Act) – where Union admitted representative engaged in unlawful industrial action – assessment of pecuniary penalty to be imposed on Union pursuant to s 81(6) BCIIP Act– relevant principles in relation to penalty.
Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 7, 8, 46, 81 Building Construction (Improving Productivity) Act 2016 (Cth) s 81 Fair Work Act 2009 (Cth) ss 19, 417, 408, 484 Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) s 323 Federal Court Rules 2011 (Cth) r 10.04 Workplace Relations Act 1996 (Cth) Work Health and Safety Act 2011 (Qld) s 119
Cases cited: Australasian Meat Industry Employees Union v Dick Stone Pty Ltd (No 2) [2022] FCA 1263 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Toowoomba Bypass Case) [2021] FCA 1128 Australian Building and Construction Commissioner v Pattinson (2022) ALR 599; [2022] HCA 13 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Commonwealth v Director, Fair Work Building Industry Inspectorate; Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Fair Work Ombudsman (formerly Australian Building and Construction Commissioner) v Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) (Constitution Place Case) (No 2) [2023] FCA 13 Hardwick v Australian Manufacturing Workers' Union [2010] FCA 818; 198 IR 312 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72; (2004) ATPR ¶41-993 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 Williams v the CFMEU (No. 2)
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