Federal Court of Australia
Federal Court of Australia
Fair Work Ombudsman v Blakeley [2023] FCA 1597 File number(s): QUD 329 of 2021
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) – admissions of contraventions of ss 500 and 503 Fair Work Act 2009 (Cth) – consideration of ulterior purpose in raising safety concerns – misrepresentations of authority made to police officer - principles of totality - personal payment orders
Legislation: Fair Work Act 2009 (Cth) ss 500, 503, 546, 550, 793 Fair Work (Registered Organisations) Act 2009 (Cth), Pt 3
Cases cited: ABCC v Ingham (No 2) (The Enoggera Barracks Case) [2018] FCA 263 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 Construction, Forestry, Maritime, Mining and Energy Union (The Botany Cranes Case) (No 4) [2021] FCA 525 Australian Building and Construction Commissioner v CoreStaff WA Pty Ltd (No 2) [2021] FCA 1149 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 Leahy Petroleum Pty Ltd (No 3) [2005] FCA 265 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (2016) 340 ALR 25; [2016] FCAFC 181 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining and Energy Union [2001] FCA 336 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 155 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) [2018] FCAFC 126 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249; [2012] FCAFC 20
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