Wotherspoon v Construction, Forestry, Mining and Energy Union (No 2) [2011] FCA 158

Wotherspoon v Construction, Forestry, Mining and Energy Union (No 2) [2011] FCA 158

The Amended Statement of Agreed Facts supplied the deficiencies previously identified, the parties' single-course-of-conduct agreement resolved the penalty range difficulty, and the agreed penalties totalling $110,000 lay within the permissible range for the admitted contraventions; penalties were therefore imposed in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
03 March 2011
Procedural Posture
Industrial Law Proceeding Concerning Unlawful Industrial Action Under the Building and Construction Industry Improvement Act 2005 (cth) / Orders Imposing Civil Penalties After Amended Statement of Agreed Facts and Substitution of Applicant
Outcome
Australian Building and Construction Commissioner added as applicant, John Wotherspoon ceased to be applicant, civil penalties imposed on the respondents, penalties payable to the Consolidated Revenue Fund by 31 March 2011, and no order as to costs.
Legal Topics
['unlawful Industrial Action' 'building Work' 'contravention of S 38 of the Building and Construction Industry Improvement Act 2005 (cth)' 'assessment of Agreed Penalties' 'substitution of Applicant']
['industrial Law' 'civil Penalties'] ['unlawful Industrial Action' 'building Work' 'contravention of S 38 of the Building and Construction Industry Improvement Act 2005 (cth)' 'assessment of Agreed Penalties' 'substitution of Applicant']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Industrial Law Proceeding Concerning Unlawful Industrial Action Under the Building and Construction Industry Improvement Act 2005 (cth) / Orders Imposing Civil Penalties After Amended Statement of Agreed Facts and Substitution of Applicant

Legal Issues

  1. 1 ['Whether the Australian Building and Construction Commissioner should be added as applicant and John Wotherspoon should cease to be applicant.' 'Whether the amended agreed facts overcame deficiencies previously identified in relation to the 23 May 2008 and 28 August 2008 events.' "Whether the respondents' conduct on each relevant day should be treated as a single course of conduct for assessing the appropriate penalty range." 'Whether the agreed penalties totalling $110,000 were within the permissible range for the admitted contraventions.']

Ratio Decidendi

The Amended Statement of Agreed Facts supplied the deficiencies previously identified, the parties' single-course-of-conduct agreement resolved the penalty range difficulty, and the agreed penalties totalling $110,000 lay within the permissible range for the admitted contraventions; penalties were therefore imposed in accordance with the parties' agreement.

Court Disposition

Australian Building and Construction Commissioner added as applicant, John Wotherspoon ceased to be applicant, civil penalties imposed on the respondents, penalties payable to the Consolidated Revenue Fund by 31 March 2011, and no order as to costs.

Orders

  • ['Pursuant to O 6 rr 8 and 9 of the Federal Court Rules, Australian Building and Construction Commissioner be added as applicant and John Wotherspoon cease to be applicant.' 'Penalties be imposed on the Construction, Forestry, Mining and Energy Union for contraventions of s 38 of the Building and Construction...