Australian Building and Construction Commissioner v Parker (No 2) [2017] FCA 1082

Australian Building and Construction Commissioner v Parker (No 2) [2017] FCA 1082

Penalties at the higher end but less than maximum were imposed on personal respondents with significant culpability; the maximum penalty was imposed on the CFMEU due to its recidivist and egregious conduct, while a lower percentage (75%) was imposed on the CFMEU NSW. Orders for advertising and a referral to the DPP were made to enhance deterrence and for public interest.

Parties
Applicant: Australian Building and Construction Commissioner; First Respondent: Brian Parker; Second Respondent: Robert Kera; Third Respondent: Danny Reeves; Fourth Respondent: Peter Genevese; Fifth Respondent: Michael Greenfield; Sixth Respondent: Luke Collier; Seventh Respondent: Darren Greenfield; Eighth Respondent: Tony Sloane; Ninth Respondent: Darren Taylor; Tenth Respondent: Richard Auimatagi; Eleventh Respondent: Construction, Forestry, Mining & Energy Union; Twelfth Respondent: Construction, Forestry, Mining & Energy Union, New South Wales
Jurisdiction
Australia
Judgment Date
13 September 2017
Procedural Posture
Civil Penalty Proceeding / Penalty Judgment
Outcome
Penalties imposed; Orders for advertising; Referral to DPP; Parties to bring in short minutes; declaratory relief to be finalised
Legal Topics
Penalties, Deterrence, Civil Penalty, Advertising Order, Referral to DPP
Industrial Law Penalties Deterrence Civil Penalty Advertising Order Referral to DPP

Case Brief

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Parties

Australian Building and Construction Commissioner

Applicant

Brian Parker

First Respondent

Robert Kera

Second Respondent

Danny Reeves

Third Respondent

Peter Genevese

Fourth Respondent

Michael Greenfield

Fifth Respondent

Luke Collier

Sixth Respondent

Darren Greenfield

Seventh Respondent

Tony Sloane

Eighth Respondent

Darren Taylor

Ninth Respondent

Richard Auimatagi

Tenth Respondent

Construction, Forestry, Mining & Energy Union

Eleventh Respondent

Construction, Forestry, Mining & Energy Union, New South Wales

Twelfth Respondent

Procedural Posture

Civil Penalty Proceeding / Penalty Judgment

Legal Issues

  1. 1 Appropriate penalties for contraventions of Fair Work Act 2009 (Cth)
  2. 2 Whether maximum penalty should be imposed
  3. 3 Principles for penalty quantification and deterrence

Ratio Decidendi

Penalties at the higher end but less than maximum were imposed on personal respondents with significant culpability; the maximum penalty was imposed on the CFMEU due to its recidivist and egregious conduct, while a lower percentage (75%) was imposed on the CFMEU NSW. Orders for advertising and a referral to the DPP were made to enhance deterrence and for public interest.

Court Disposition

Penalties imposed; Orders for advertising; Referral to DPP; Parties to bring in short minutes; declaratory relief to be finalised

Orders

  • Penalties imposed as specified by Court per respondent
  • Order that parties bring in Short Minutes of Orders to give effect to judgment