Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Perth Childrens' Hospital Contraventions Case) [2017] FCA 491

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Perth Childrens' Hospital Contraventions Case) [2017] FCA 491

Pecuniary penalties imposed must reflect the seriousness and deliberate nature of industrial law contraventions committed by the CFMEU and senior officials in the context of blockades and strike actions at the Perth Children's Hospital project, including aggravating factors such as prior history of non-compliance, involvement of senior management, and need for deterrence. Where multiple contraventions occur, the totality principle requires moderation of aggregate penalties to ensure proportionality. No substantial discount applies for cooperation, corrective action, or mitigation by earlier settlements.

Jurisdiction
Australia
Judgment Date
11 May 2017
Procedural Posture
Civil Penalty Proceedings / Final Determination on Penalty and Orders
Outcome
Penalties imposed for contraventions of Fair Work Act and orders made for payment to the Commonwealth.
Legal Topics
['fair Work Act Contraventions' 'adverse Action' 'strike Actions' 'blockade of Site' 'penalty Assessment' 'industrial Action' 'deterrence' 'prior Contraventions' 'general and Specific Deterrence']
['employment & Industrial Relations' 'industrial Law'] ['fair Work Act Contraventions' 'adverse Action' 'strike Actions' 'blockade of Site' 'penalty Assessment' 'industrial Action' 'deterrence' 'prior Contraventions' 'general and Specific Deterrence']

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Procedural Posture

Civil Penalty Proceedings / Final Determination on Penalty and Orders

Legal Issues

  1. 1 ["What pecuniary penalties should be imposed for admitted contraventions of Fair Work Act provisions by respondents relating to industrial action and blockades at Perth Children's Hospital site" 'Factors to be considered in assessing penalties for breaches of civil penalty provisions' 'Application of the totality principle in penalty setting' 'Relevance of prior contraventions' 'Mitigating factors such as cooperation, corrective action, contrition']

Ratio Decidendi

Pecuniary penalties imposed must reflect the seriousness and deliberate nature of industrial law contraventions committed by the CFMEU and senior officials in the context of blockades and strike actions at the Perth Children's Hospital project, including aggravating factors such as prior history of non-compliance, involvement of senior management, and need for deterrence. Where multiple contraventions occur, the totality principle requires moderation of aggregate penalties to ensure proportionality. No substantial discount applies for cooperation, corrective action, or mitigation by earlier settlements.

Court Disposition

Penalties imposed for contraventions of Fair Work Act and orders made for payment to the Commonwealth.

Orders

  • ['Pecuniary penalties imposed on individual respondents in specified amounts for each admitted contravention.' 'Aggregate penalties imposed on CFMEU in respect of course of conduct, with specified reductions for related contraventions.' 'Penalties ordered to be paid to the Commonwealth pursuant to Fair Work Act 2009...