Federal Court of Australia
Federal Court of Australia
Fair Work Ombudsman v Brook [2024] FCA 262 File number: SAD 43 of 2022
Judgment of: SNADEN J
Date of judgment: 18 March 2024
Date of publication of reasons: 20 March 2024
Catchwords: INDUSTRIAL LAW – right of entry – permit holder exercising rights contravened ss 499 and 500 of the Fair Work Act 2009 (Cth) – agreed contraventions – agreed penalty ranges – determination of appropriate penalties – civil double jeopardy – analysis of the nature, gravity, character and seriousness of the contraventions – significance of union's history of contravening conduct – significance of corrective action – penalties imposed – appropriateness of declaratory relief
Legislation: Fair Work Act 2009 (Cth) ss 499, 500, 539, 545, 550, 556, 570, 793
Cases cited: Australian Building and Construction Commissioner v McDermott (No 2) (2017) 252 FCR 393 Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Bruce Highway Caloundra to Sunshine Upgrade Case) (2020) 281 FCR 365 Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (The 250 East Terrace Case) [2023] FCAFC 161 Fair Work Ombudsman v PTES 928 Pty Ltd [2023] FCA 934
Division: Fair Work Division
Registry: South Australia
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 33
Date of hearing: 18 March 2024
Counsel for the Applicant: Mr M Felman KC with Mr A Crocker
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