Federal Court of Australia
Federal Court of Australia
Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Case) (No 3) [2023] FCA 1324 File number(s): NSD 2057 of 2019
Judgment of: KATZMANN J
Date of judgment: 31 October 2023
Catchwords: INDUSTRIAL LAW – contraventions of ss 500 and 503 of Fair Work Act 2009 (Cth) by union and of s 500 by union official – remittal of proceeding for redetermination of penalties after successful appeal following judgment in Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450 – where parties proposed penalties in agreed amounts
Legislation: Fair Work Act 2009 (Cth) s 546
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Case) [2021] FCA 920 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Case) (No 2) [2022] FCA 19 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Monash Freeway Widening Case) (No 2) [2021] FCA 1101 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, Mining and Energy Union (2017) 254 FCR 68 Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Fair Work Ombudsman v 85 Degrees Coffee Australia Pty Ltd [2022] FCA 1317 Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Appeal) [2023] FCAFC 63 Fair Work Ombudsman v Roach (The Melbourne Quarter Case) [2023] FCA 781 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 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 Standen v Feehan (No 2) [2008] FCA 1574; 177 IR 276
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