Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (the Titan Cranes Case) [2022] FCA 774

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (the Titan Cranes Case) [2022] FCA 774

Given the admitted contraventions of s 52(c) of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth), the Court imposed significant penalties against all respondents, finding the contraventions constituted a single course of conduct, but penalisation reflecting site-specific impacts. Moderating factors, including early admissions and compliance training, justified penalties below maxima. A partial non-indemnification order was made against the Union for individual penalties to ensure deterrence.

Jurisdiction
Australia
Judgment Date
16 June 2022
Procedural Posture
Penalty Hearing for Civil Contraventions / Sentencing/penalty Determination
Outcome
Penalties imposed; partial non-indemnification order made; proceeding adjourned for formalisation of orders; costs awarded.
Legal Topics
['coercion' 'sentencing Principles' 'civil Penalties' 'union Conduct' 'workplace Health and Safety' 'non Indemnification']
['industrial Law' 'employment Law'] ['coercion' 'sentencing Principles' 'civil Penalties' 'union Conduct' 'workplace Health and Safety' 'non Indemnification']

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Procedural Posture

Penalty Hearing for Civil Contraventions / Sentencing/penalty Determination

Legal Issues

  1. 1 ['What penalties should be imposed for admitted contraventions of s 52(c) of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth)?' 'Whether the contraventions constituted a single course of conduct or transaction under s 84 of the Act.' 'Whether the Court has power and should make partial non-indemnification orders under ss 81(1)(a) and/or 81(1)(c) of the Act.']

Ratio Decidendi

Given the admitted contraventions of s 52(c) of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth), the Court imposed significant penalties against all respondents, finding the contraventions constituted a single course of conduct, but penalisation reflecting site-specific impacts. Moderating factors, including early admissions and compliance training, justified penalties below maxima. A partial non-indemnification order was made against the Union for individual penalties to ensure deterrence.

Court Disposition

Penalties imposed; partial non-indemnification order made; proceeding adjourned for formalisation of orders; costs awarded.

Orders

  • ['Penalty of $30,000 each against Mr Seiffert, Mr Rapata, and Mr Murdoch.' "Penalty of $750,000 against CFMMEU (with component allocation: $150,000 for Seiffert's conduct, $300,000 each for Rapata and Murdoch's conduct)." 'Partial non-indemnification order (CFMMEU prohibited from indemnifying 50% of penalty imposed...