Brookfield Multiplex FSH Contractor Pty Limited v McDonald [2014] FCA 359

Brookfield Multiplex FSH Contractor Pty Limited v McDonald [2014] FCA 359

The penalties imposed are fixed at the lower end of the agreed range because, while the contraventions were deliberate and caused significant impact, the motivation was to support an injured worker and the respondents cooperated in resolving the litigation; these mitigating factors justify penalties at lower rather than higher levels within the agreed ranges.

Jurisdiction
Australia
Judgment Date
11 March 2014
Procedural Posture
Application for Civil Penalties and Related Orders / Final Orders on Penalty Following Admissions and Consent Orders
Outcome
Penalties imposed on each respondent as specified; payment to applicants within 30 days by cheque.
Legal Topics
['contraventions of Fair Work Act' 'civil Penalties' 'industrial Action' 'coercion' 'deterrence' 'compensation' 'agreed Facts' 'injunctions']
['industrial Law'] ['contraventions of Fair Work Act' 'civil Penalties' 'industrial Action' 'coercion' 'deterrence' 'compensation' 'agreed Facts' 'injunctions']

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Procedural Posture

Application for Civil Penalties and Related Orders / Final Orders on Penalty Following Admissions and Consent Orders

Legal Issues

  1. 1 ['What is the appropriate penalty to be imposed on the respondents for contraventions of ss 348 and 417 of the Fair Work Act 2009 (Cth)?' 'Should the purpose of the industrial action (support for an injured worker) be relevant to fixing penalties?' 'Are penalties within an agreed range appropriate given prior conduct and circumstances?']

Ratio Decidendi

The penalties imposed are fixed at the lower end of the agreed range because, while the contraventions were deliberate and caused significant impact, the motivation was to support an injured worker and the respondents cooperated in resolving the litigation; these mitigating factors justify penalties at lower rather than higher levels within the agreed ranges.

Court Disposition

Penalties imposed on each respondent as specified; payment to applicants within 30 days by cheque.

Orders

  • ['The first respondent pay a penalty in the amount of $9,500.' 'The second respondent pay a penalty in the amount of $3,500.' 'The third respondent pay a penalty in the amount of $48,000.' "Payment of penalties to be made by cheque to 'Brookfield Multiplex Constructions Pty Ltd' and delivered to the applicants'...