Federal Court of Australia
Federal Court of Australia
Mining and Energy Union v BM Alliance Coal Operations Pty Ltd (No 4) [2023] FCA 1592 File number(s): QUD 731 of 2018
Judgment of: COLLIER ACJ
Date of judgment: 15 December 2023
Catchwords: INDUSTRIAL LAW – Assessment of pecuniary penalties to be imposed pursuant to s 546 Fair Work Act 2009 (Cth)– exercise of workplace right referable to safety at a mine - principles relevant to calculation of appropriate penalty – two contraventions arising from one course of conduct – totality principle - assessment of compensation for non-economic loss to be awarded pursuant to s 545 Fair Work Act 2009 (Cth)
Legislation: Fair Work Act 2009 (Cth) ss 340, 361, 545, 546 Fair Work (Registered Organisations) Act 2009 (Cth) s 116 Coal Mining Safety & Health Act 1999 (Qld)
Cases cited: 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 Construction, Forestry, Maritime, Mining and Energy Union (Bendigo Theatre Case) (No 2) [2018] FCA 1211 Australian Building and Construction Commissioner v Ingham (180 Brisbane Construction Case) (No 2) [2021] FCA 263 Australian Building and Construction Commissioner v Pattinson (2022) 399 ALR 599; [2022] HCA 13 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (2016) 340 ALR 25 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Australian Competition and Consumer Commission v Yazaki Corporation (2018) 262 FCR 243; [2018] FCAFC 73 Australian Licenced Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd [2011] FCA 333; (2011) 193 FCR 526 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 CFMMEU v BM Alliance Coal Operations Pty Ltd [2023] FCA 30 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) [2018] FCAFC 97; (2018) 264 FCR 15 Construction, Forestry, Maritime, Mining and Energy Union v BM Alliance Coal Operations Pty Ltd (No 3) [2022] FCA 1345 Maritime Union v Fair Work Ombudsman [2015] FCAFC 120 New Image Photographics Pty Ltd v Fair Work Ombudsman [2013] FCA 1385 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076
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