Federal Court of Australia
Federal Court of Australia
Mining and Energy Union v BM Alliance Coal Operations Pty Ltd (No 2) [2023] FCA 1594 File number(s): QUD 155 of 2020
Judgment of: COLLIER AcJ
Date of judgment: 15 December 2023
Catchwords: INDUSTRIAL LAW – Assessment of pecuniary penalty to be imposed pursuant to s 546 Fair Work Act 2009 (Cth) - exercise of workplace rights referable to safety– principles relevant to appropriate penalty – assessment of compensation for economic and non-economic loss to be awarded pursuant to s 545 Fair Work Act 2009 (Cth) – compensation for hurt, humiliation and distress – whether compensation awarded for subsequent unemployment
Legislation: Fair Work Act 2009 (Cth) ss 340, 545, 546 Fair Work (Registered Organisations) Act 2009 (Cth) s 116
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 (Bendigo Theatre Case) (No 2) [2018] FCA 1211 Australian Building and Construction Commissioner v Pattinson (2022) 399 ALR 599; [2022] HCA 13 Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 3) [2005] FCA 265 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Australian Licenced Aircraft Engineers Association v International Aviation Service Assistance Pty Ltd (2011) 193 FCR 526; [2011] FCA 333 Bostik (Australia) Pty Ltd v Gorgevski (1992) 36 FCR 20 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v ACI Operations Pty Ltd [2006] FCA 122 Construction Forestry, Maritime, Mining and Energy Union 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) 264 FCR 155 Construction, Forestry, Maritime, Mining and Energy Union v BM Alliance Coal Operations Pty Ltd (No 3) [2022] FCA 1345 Dafallah v Fair Work Commission (2014) 225 FCR 559 Maritime Union v Fair Work Ombudsman [2015] FCAFC 120 New Image Photographics Pty Ltd v Fair Work Ombudsman [2013] FCA 1385 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249; [2012] FCAFC 20
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