Construction, Forestry and Maritime Employees Union v Richard Crookes Constructions Pty Ltd [2024] FCA 437

Federal Court of Australia

Construction, Forestry and Maritime Employees Union v Richard Crookes Constructions Pty Ltd [2024] FCA 437 File number(s): NSD 959 of 2022

Judgment of: RAPER J

Date of judgment: 30 April 2024

Catchwords: INDUSTRIAL LAW - the respondent was the principal contractor on a construction site – the applicant's employee attended the site to investigate suspected work health and safety contraventions – where the employee held a permit to enter sites under s 117 of the Work Health and Safety Act 2011 (NSW) and ss 501 of the Fair Work Act 2009 (Cth) – the respondent unduly delayed entry – the applicant alleged one contravention of s 501 of the Fair Work Act 2009 (Cth) – the contravention was admitted by the respondent INDUSTRIAL LAW – consideration of the principles for fixing appropriate pecuniary penalties – consideration of whether to endorse the agreed penalty – consideration of the absence of evidence regarding remediation – declaratory relief granted

Legislation: Evidence Act 1995 (Cth) s 191 Fair Work Act 2009 (Cth) ss 481, 494, 494(1), 494(2)(a)(i), 494(3), 501, 512, 546 Fair Work Regulations 2009 (Cth) r 3.25 Federal Court of Australia Act 1976 (Cth) s 21 Work Health and Safety Act (NSW) ss 117, 118, 134

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Doubletree Hilton Case) [2021] FCA 1468 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; 274 CLR 450 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; 250 CLR 640 Brocx v Hughes [2010] WASCA 57; 41 WAR 84 Commissioner of the NDIS Quality and Safeguards Commission v Australian Foundation for Disability [2023] FCA 629 Commonwealth v Director, Fair Work Building Industry Inspectorate (Agreed Penalties Case) [2015] HCA 46; 258 CLR 482 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Richard Crookes Constructions Pty Ltd [2022] FCA 1142 Construction, Forestry, Maritime and Energy Union v Richard Crookes Constructions Pty Limited [2022] FCA 992 Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72; 54 ACSR 395 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; 287 ALR 249 Trade Practices Commission v Allied Mills Industries Pty Ltd (1981) 60 FLR 38 Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission [2021] FCAFC 49; 284 FCR 24