Australian Building and Construction Commissioner v Hassett [2019] FCA 855

Australian Building and Construction Commissioner v Hassett [2019] FCA 855

Given the admitted facts, Mr Hassett and the CFMMEU each contravened sections 499 and 500 of the Fair Work Act 2009 (Cth). The Court held that penalties for ss 499 and 500 contraventions on 5 June 2017 should be imposed as separate penalties because the relevant conduct, though overlapping in time, was not the same for the purposes of s 556. The gravity, deliberate and dangerous nature of the conduct, need for deterrence, and recidivism of both Mr Hassett and the union justified significant penalties, but not the maximum. The penalties imposed were $8,000 each for Mr Hassett's two contraventions on 5 June 2017, $6,000 for his contravention on 6 June 2017, $40,000 each for the CFMMEU's two...

Parties
Applicant: Australian Building and Construction Commissioner; First Respondent: Richard Hassett; Second Respondent: Kevin Harkins; Third Respondent: Construction, Forestry, Maritime, Mining and Energy Union
Jurisdiction
Australia
Judgment Date
06 June 2019
Procedural Posture
Civil Penalty Proceedings / Judgment as to Penalty After Admissions
Outcome
Declarations of contravention made; penalties imposed; no order as to costs; proceedings otherwise dismissed.
Legal Topics
Contraventions of Fair Work Act Ss 499 and 500, Imposition of Pecuniary Penalties, Right of Entry Rights, Occupational Health and Safety Compliance, Penalties for Union Misconduct
Industrial Law Employment Law Contraventions of Fair Work Act Ss 499 and 500 Imposition of Pecuniary Penalties Right of Entry Rights Occupational Health and Safety Compliance Penalties for Union Misconduct

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Parties

Australian Building and Construction Commissioner

Applicant

Richard Hassett

First Respondent

Kevin Harkins

Second Respondent

Construction, Forestry, Maritime, Mining and Energy Union

Third Respondent

Procedural Posture

Civil Penalty Proceedings / Judgment as to Penalty After Admissions

Legal Issues

  1. 1 Whether respondents contravened sections 499 and 500 of the Fair Work Act 2009 (Cth)
  2. 2 Appropriate penalties for contraventions
  3. 3 Application of s 556 of the Fair Work Act (whether single or multiple penalties can be imposed)

Ratio Decidendi

Given the admitted facts, Mr Hassett and the CFMMEU each contravened sections 499 and 500 of the Fair Work Act 2009 (Cth). The Court held that penalties for ss 499 and 500 contraventions on 5 June 2017 should be imposed as separate penalties because the relevant conduct, though overlapping in time, was not the same for the purposes of s 556. The gravity, deliberate and dangerous nature of the conduct, need for deterrence, and recidivism of both Mr Hassett and the union justified significant penalties, but not the maximum. The penalties imposed were $8,000 each for Mr Hassett's two contraventions on 5 June 2017, $6,000 for his contravention on 6 June 2017, $40,000 each for the CFMMEU's two...

Court Disposition

Declarations of contravention made; penalties imposed; no order as to costs; proceedings otherwise dismissed.

Orders

  • The First Respondent pay the Commonwealth of Australia $8,000 for the s 499 contravention (5 June 2017).
  • The First Respondent pay the Commonwealth of Australia $8,000 for the s 500 contravention (5 June 2017).