Fair Work Ombudsman v Rielly [2023] FCA 1144

Federal Court of Australia

Fair Work Ombudsman v Rielly [2023] FCA 1144 File number: QUD 445 of 2021

Judgment of: THOMAS J

Date of judgment: 26 September 2023

Catchwords: INDUSTRIAL LAW – pecuniary penalty – contravention of s 500 of the Fair Work Act 2009 (Cth) – where the Site Rules require all visitors to be accompanied – whether the first respondent was unaccompanied – meaning of "accompanied" – principles of pecuniary penalty – consideration of the appropriate pecuniary penalty – where non-indemnity order sought

Legislation: Building and Construction Industry (Improving Productivity) Act 2016 (Cth) Building and Construction Industry Improvement Act 2005 (Cth) Fair Work Act 2009 (Cth) Trade Practice Act 1974 (Cth) Workplace Relations Act 1996 (Cth) Work Health and Safety Act 2011 (Qld) Work Health and Safety Regulation 2011 (Qld)

Cases cited: ABCC v CFMEU (Pacific Highway Upgrade Case) (No 3) [2022] FedCFamC2G 388 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Werribee Shopping Centre Case) [2017] FCA 1235 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 (2018) 262 CLR 157; [2018] HCA 3 Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450; [2022] HCA 13 Australian Building and Construction Commissioner v Powell (2017) 251 FCR 470; [2017] FCAFC 89 Australian Building and Construction Commissioner v Rielly (No 2) [2021] FCCA 43 Australian Building and Construction Commissioner v Rielly (No 3) [2022] FedCFamC2G 1 Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman [2023] FCA 72 Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (Pacific Highway Upgrade Case) [2023] FCA 202 Curran v Thomas Borthwicks & Sons (Pacific) Limited (1990) 26 FCR 241 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Mitcham Rail Case) [2015] FCA 1173 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 798 Fair Work Ombudsman v Blakeley [2023] FCA 1121 Finance Sector Union v Commonwealth Bank of Australia (2005) 224 ALR 467; [2005] FCA 1847 Trade Practices Commission v CSR Ltd (1991) ATPR ¶41-076 Macquarie Dictionary (8th ed, Macquarie Dictionary Publishers, 2020) Oxford English Dictionary (2nd ed, Oxford Press 1989)