Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 468

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 468

The imposition of pecuniary penalties for contravention of s 348 of the Fair Work Act must reflect the seriousness of coercive conduct, take into account prior history and deterrence, but must be proportionate and not punitive for prior conduct; the conduct here, while serious, does not fall within the worst category, and admissions and cooperation merit credit.

Jurisdiction
Australia
Judgment Date
04 April 2019
Procedural Posture
Civil Penalty Proceeding / Judgment on Penalty
Outcome
Pecuniary penalties imposed; proceedings otherwise dismissed; no order as to costs.
Legal Topics
['freedom of Association' 'industrial Coercion' 'penalties Under Fair Work Act']
['employment & Industrial Relations' 'industrial Law'] ['freedom of Association' 'industrial Coercion' 'penalties Under Fair Work Act']

Case Brief

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Procedural Posture

Civil Penalty Proceeding / Judgment on Penalty

Legal Issues

  1. 1 ['Contravention of s 348 of Fair Work Act 2009 (Cth) by union officers and the union' 'Appropriate penalty for contravention' 'Assessment of seriousness and mitigating factors']

Ratio Decidendi

The imposition of pecuniary penalties for contravention of s 348 of the Fair Work Act must reflect the seriousness of coercive conduct, take into account prior history and deterrence, but must be proportionate and not punitive for prior conduct; the conduct here, while serious, does not fall within the worst category, and admissions and cooperation merit credit.

Court Disposition

Pecuniary penalties imposed; proceedings otherwise dismissed; no order as to costs.

Orders

  • ['Second respondent to pay $4,000 penalty for contravention of s 348' 'Third respondent to pay $4,000 penalty for contravention of s 348' 'First respondent to pay $35,000 penalty for each contravention of s 348 (total $70,000)' 'Penalties to be paid to Commonwealth of Australia within 28 days' 'Proceedings against...