Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Quest Apartments Case) (No 2) [2018] FCA 163

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Quest Apartments Case) (No 2) [2018] FCA 163

Appropriate pecuniary penalties should be imposed on both Mr Farrugia and the CFMEU for contraventions of s 348 of the Fair Work Act on each relevant day, having regard to the seriousness of the conduct, the need for deterrence, the CFMEU’s continuing recidivism, and the parity principle. No suspension of penalty is warranted, and declarations should be made to reinforce the findings of contravention.

Jurisdiction
Australia
Judgment Date
26 February 2018
Procedural Posture
Civil Penalty Proceeding / Penalty Judgment After Liability Judgment
Outcome
Pecuniary penalties imposed; declarations made; proceeding otherwise dismissed
Legal Topics
['freedom of Association' 'union Misconduct' 'civil Penalties' 'coercion' 'adverse Action' 'false Representation' 'pecuniary Penalty' 'recidivism']
['industrial Law' 'employment Law'] ['freedom of Association' 'union Misconduct' 'civil Penalties' 'coercion' 'adverse Action' 'false Representation' 'pecuniary Penalty' 'recidivism']

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Procedural Posture

Civil Penalty Proceeding / Penalty Judgment After Liability Judgment

Legal Issues

  1. 1 ['What are the appropriate pecuniary penalties for contraventions of ss 346(b), 348, and 349(1)(a) of the Fair Work Act 2009 (Cth)?' 'Should any penalty imposed upon Mr Farrugia be wholly suspended?' 'Is it appropriate to grant declaratory relief regarding the contraventions?']

Ratio Decidendi

Appropriate pecuniary penalties should be imposed on both Mr Farrugia and the CFMEU for contraventions of s 348 of the Fair Work Act on each relevant day, having regard to the seriousness of the conduct, the need for deterrence, the CFMEU’s continuing recidivism, and the parity principle. No suspension of penalty is warranted, and declarations should be made to reinforce the findings of contravention.

Court Disposition

Pecuniary penalties imposed; declarations made; proceeding otherwise dismissed

Orders

  • ['Second Respondent (Godwin Farrugia) to pay $4,000 for contravention of s 348 on 17 March 2014.' 'Second Respondent to pay $6,000 for contravention of s 348 on 31 March 2014.' 'First Respondent (CFMEU) to pay $45,000 for contravention of s 348 on 17 March 2014.' 'First Respondent to pay $50,000 for contravention of...