Federal Court of Australia
Federal Court of Australia
Fair Work Ombudsman v Blakeley [2023] FCA 1121 File number: QUD 231 of 2021
Judgment of: THOMAS J
Date of judgment: 20 September 2023
Catchwords: INDUSTRIAL LAW – pecuniary penalty – contravention of s 500 of the Fair Work Act 2009 (Cth) – where first respondent issued a cease work direction – deliberate and targeted use of foul language – principles of pecuniary penalty – consideration of the appropriate pecuniary penalty – where applicant seeks a non-indemnity order
Legislation: Building and Construction Industry (Improving Productivity) Act 2016 (Cth) Building and Construction Industry Improvement Act 2005 (Cth) Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) Trade Practices Act 1974 (Cth) Workplace Relations Act 1996 (Cth) Work Health and Safety Act 2011 (Qld)
Cases cited: ABCC v CFMMEU (Boggo Road Cross River Rail Case) [2022] FedCFamC2G 574 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (No 2) [2019] FCA 938 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining And Energy Union [2022] FedCFamC2G 156 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union [2022] FedCFamC2G 40 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (the Titan Cranes Case) [2022] FCA 774 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (the Toowoomba Bypass Case) [2021] FCA 1128 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68; [2017] FCAFC 113 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (the Webb Dock case) [2017] FCA 62 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Castlemaine Police Station Case) (2018) 258 FCR 158; [2018] FCAFC 15 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2018) 262 CLR 157; [2018] HCA 3 Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450; [2022] HCA 13 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640; [2013] HCA 54 Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (2023) 322 IR 233; [2023] FCA 72 Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (Boggo Road Cross River Rail Case) [2023] FCA 507 Director of Public Prosecutions (Cth) v Thomas (2016) 315 FLR 31; [2016] VSCA 237 Finance Sector Union v Commonwealth Bank of Australia [2005] FCA 1847 Mornington Inn Pty Ltd v Jordan (2008) 168 FCR 383; [2008] FCAFC 70 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; [2020] FCAFC 177 Singtel Optus Pty Ltd (ACN 052 833 208) v Australian Competition and Consumer Commission (2012) 287 ALR 249; [2012] FCAFC 20 Trade Practices Commission v CSR Ltd (1991) ATPR ¶41-076
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