Construction, Forestry and Maritime Employees Union v AMK Images Pty Ltd (in liq) (No 2) [2024] FCA 1457

FEDERAL COURT OF AUSTRALIA Construction, Forestry and Maritime Employees Union v AMK Images Pty Ltd (in liq) (No 2) [2024] FCA 1457 Appeal from: Construction, Forestry and Maritime Employees Union v AMK Imaging Pty Ltd [2024] FedCFamC2G 361

File number(s):

Judgment of: GOODMAN J

Date of judgment: 18 December 2024

Catchwords: INDUSTRIAL LAW – appeal from orders made by the Federal Circuit and Family Court of Australia (Division 2) imposing penalties for contraventions of the Fair Work Act 2009 (Cth) – whether appeal incompetent by reason of an agreement reached between the parties before the primary judge concerning submissions to be made, or by reason of an estoppel – held appeal competent INDUSTRIAL LAW – civil penalties – multiple contraventions of a civil penalty provision – whether penalties imposed were manifestly inadequate – orders of the primary judge set aside

Legislation: Fair Work Act 2009 (Cth), ss 45, 323, 536, 545, 546, 550, 557 Federal Court of Australia Act 1976 (Cth), ss 4, 24

Airservices Australia v Civil Air Operations Officers' Association of Australia [2022] FCAFC 172; (2022) 295 FCR 36 Australian Building and Construction Commissioner v Australian Workers' Union [2022] FCAFC 143; (2022) 406 ALR 20 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113; (2017) 254 FCR 68 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; (2022) 274 CLR 450 Australian Competition and Consumer Commission v Employsure Pty Ltd [2023] FCAFC 5; (2023) 407 ALR 302 Australian Securities and Investments Commission v Wooldridge [2019] FCAFC 172 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith [2008] FCAFC 8; (2008) 165 FCR 560 Boensch v Pascoe [2019] HCA 49; (2019) 268 CLR 593 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Registered Organisations Commissioner [2020] FCAFC 232; (2020) 283 FCR 404 Construction, Forestry and Maritime Employees Union v AMK Images Pty Ltd (in liq) [2024] FCA 1057 Construction, Forestry and Maritime Employees Union v AMK Imaging Pty Ltd [2024] FedCFam C2G 361 Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman [2023] FCAFC 161; (2023) 299 FCR 334 Cases cited: Davey v Herbst (No 2) [2012] ACTCA 19 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 413 Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Case) (No 3) [2023] FCA 1324 Fair Work Ombudsman v Ho [2024] FCAFC 111 Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520 House v The King (1936) 55 CLR 499 McKinnon v Commonwealth Bank of Australia [2006] FCAFC 10 Rocky Holdings Pty Ltd v Fair Work Ombudsman [2014] FCAFC 62; (2014) 221 FCR 153 Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1725 Singh v Owners Strata Plan No 11723 (No 3) [2012] FCA 1121; (2012) 207 FCR 390 State Rail Authority of New South Wales v Codelfa Construction Pty Ltd [1982] HCA 24; (1982) 149 CLR 337 Trade Practices Commission v CSR Ltd [1990] FCA 762; (1991) ATPR ¶41-076 Wong v The Queen [2001] HCA 64; (2001) 207 CLR 584 Zegarac v Dellios [2007] FCAFC 58