Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (No 3) [2024] FCA 1201

FEDERAL COURT OF AUSTRALIA

Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (Inner City South State Secondary College Case) (No 3) [2024] FCA 1201 File number: QUD 235 of 2020

Judgment of: RANGIAH J

Date of judgment: 18 October 2024

Catchwords: INDUSTRIAL LAW – assessment of penalties –contraventions of ss 46 and 52 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth)

Legislation: Building and Construction Industry (Improving Productivity) Act 2016 (Cth) ss 5, 7(1)(c), 46, 52, 52(c), 81, 81(6), 83, 83(2), 84, 84(1), 84(2) and 95 Fair Work Act 2009 (Cth) ss 500 and 512 Work Health and Safety Act 2011 (Qld) ss 55(2) and 85(1)

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union [2022] FedCFamC2G 156 Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 246 ALR 35; [2008] FCAFC 8 Canturi v Sita Coaches Pty Ltd (2002) 116 FCR 276 Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (South Bank Performing Arts Case Appeal) [2023] FCA 72 Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (Boggo Road Cross River Rail Case) [2023] FCA 507 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 798 Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (No 2) [2023] FCA 1302 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076; [1990] FCA 521