Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCA 1269

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCA 1269

Each respondent committed one contravention each of sections 343 and 348 of the Fair Work Act 2009 (Cth) as principal contraveners; only one penalty is imposed per respondent for both contraventions, with the CFMEU's conduct being serious, deliberate, and deserving of the maximum penalty; the seriousness is not diminished by the lawfulness of meeting clauses.

Jurisdiction
Australia
Judgment Date
27 October 2017
Procedural Posture
Civil Penalty Proceedings / Penalty Judgment
Outcome
Declarations made and penalties imposed for contraventions of ss 343 and 348 Fair Work Act 2009 (Cth).
Legal Topics
['contraventions of Fair Work Act' 'coercion' 'pecuniary Penalties' 'vicarious Liability' 'principal Contravener' 'course of Conduct Rule']
['industrial Law' 'employment Law'] ['contraventions of Fair Work Act' 'coercion' 'pecuniary Penalties' 'vicarious Liability' 'principal Contravener' 'course of Conduct Rule']

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Procedural Posture

Civil Penalty Proceedings / Penalty Judgment

Legal Issues

  1. 1 ['Seriousness of contraventions under ss 343 and 348 Fair Work Act 2009 (Cth)' 'Number of contraventions by CFMEU versus its officials' 'Appropriate quantum of pecuniary penalties']

Ratio Decidendi

Each respondent committed one contravention each of sections 343 and 348 of the Fair Work Act 2009 (Cth) as principal contraveners; only one penalty is imposed per respondent for both contraventions, with the CFMEU's conduct being serious, deliberate, and deserving of the maximum penalty; the seriousness is not diminished by the lawfulness of meeting clauses.

Court Disposition

Declarations made and penalties imposed for contraventions of ss 343 and 348 Fair Work Act 2009 (Cth).

Orders

  • ['CFMEU to pay a penalty of $54,000 for contraventions of ss 343 and 348.' 'Andrew Watson to pay a penalty of $5,000 for contraventions of ss 343 and 348.' 'Shaun Desmond to pay a penalty of $5,000 for contraventions of ss 343 and 348.' 'Declarations made against each respondent as detailed in orders 1-6 of the...