Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Brooker Highway Case) (No 2) [2018] FCA 1214

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Brooker Highway Case) (No 2) [2018] FCA 1214

Mr Hassett's misconduct on 12 October 2016, encompassing failure to give prior notice of entry, remaining on site after his right was abrogated, aggressive use of foul and abusive language, and other improper conduct, together constituted a single contravention of s 500 of the Fair Work Act 2009 (Cth). The CFMMEU was knowingly concerned with this contravention and liable under s 550 of the Act. Appropriate penalties and declarations were imposed.

Jurisdiction
Australia
Judgment Date
15 August 2018
Procedural Posture
Civil / Penalty Hearing and Final Judgment
Outcome
Penalties imposed; declarations made; proceeding dismissed (except as to penalties and declarations); no order as to costs.
Legal Topics
['right of Entry' 'pecuniary Penalties' 'personal Payment Orders' 'declaratory Relief']
['industrial Law' 'employment Law'] ['right of Entry' 'pecuniary Penalties' 'personal Payment Orders' 'declaratory Relief']

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Procedural Posture

Civil / Penalty Hearing and Final Judgment

Legal Issues

  1. 1 ['Contravention of s 500 of the Fair Work Act 2009 (Cth) by a union official' "Union's liability under s 550 of the Fair Work Act 2009 (Cth)" 'Appropriate pecuniary penalties' 'Whether personal payment order should be made']

Ratio Decidendi

Mr Hassett's misconduct on 12 October 2016, encompassing failure to give prior notice of entry, remaining on site after his right was abrogated, aggressive use of foul and abusive language, and other improper conduct, together constituted a single contravention of s 500 of the Fair Work Act 2009 (Cth). The CFMMEU was knowingly concerned with this contravention and liable under s 550 of the Act. Appropriate penalties and declarations were imposed.

Court Disposition

Penalties imposed; declarations made; proceeding dismissed (except as to penalties and declarations); no order as to costs.

Orders

  • ['The First Respondent (CFMMEU) pay a penalty of $50,000 to the Commonwealth within 28 days.' 'The Third Respondent (Richard Hassett) pay a penalty of $7,500 to the Commonwealth within 60 days.' 'No order as to costs.' 'The proceeding otherwise dismissed.' 'Orders to be served on the First and Third Respondents in...