Australian Building and Construction Commissioner v Hassett [2020] FCA 498

Australian Building and Construction Commissioner v Hassett [2020] FCA 498

Mr Hassett contravened s 494(1) of the Fair Work Act 2009 (Cth) by entering the Cattle Hill Wind Farm and exercising a State or Territory OHS right when he did not hold an entry permit under s 512, and his conduct and state of mind were attributed to the CFMMEU under ss 550 and 793. Although mitigating factors existed, Mr Hassett knew he had no right to enter, had recently returned his permit, and was a repeat right of entry offender, making specific deterrence obvious. The CFMMEU was a large organisation with significant resources and an apparent willingness to contravene the FW Act, requiring deterrence. Proportionate penalties were $10,000 for Mr Hassett and $50,000 for the CFMMEU, and...

Jurisdiction
Australia
Judgment Date
21 April 2020
Procedural Posture
Industrial Law Proceeding for Declarations of Contravention of S 494(1) of the Fair Work Act 2009 (cth), Pecuniary Penalties and a Personal Payment Order / Penalty Hearing After the Respondents Admitted All Relevant Material Facts and Agreed Declarations Should Be Made
Outcome
Declarations of contravention made; pecuniary penalties imposed; personal payment order made against Mr Hassett; no order as to costs.
Legal Topics
['right of Entry' 'state or Territory OHS Right' 'entry Permit' 'pecuniary Penalties' 'specific and General Deterrence' 'personal Payment Order' 'union Liability']
['industrial Law' 'employment and Industrial Relations'] ['right of Entry' 'state or Territory OHS Right' 'entry Permit' 'pecuniary Penalties' 'specific and General Deterrence' 'personal Payment Order' 'union Liability']

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Procedural Posture

Industrial Law Proceeding for Declarations of Contravention of S 494(1) of the Fair Work Act 2009 (cth), Pecuniary Penalties and a Personal Payment Order / Penalty Hearing After the Respondents Admitted All Relevant Material Facts and Agreed Declarations Should Be Made

Legal Issues

  1. 1 ['Whether the respondents contravened s 494(1) of the Fair Work Act 2009 (Cth) when Mr Hassett exercised a State or Territory OHS right without holding an entry permit issued under s 512 of the FW Act.' 'What pecuniary penalties should be imposed on Mr Hassett and the CFMMEU for the admitted contraventions.' 'Whether a personal payment order should be made requiring Mr Hassett personally to pay his penalty.']

Ratio Decidendi

Mr Hassett contravened s 494(1) of the Fair Work Act 2009 (Cth) by entering the Cattle Hill Wind Farm and exercising a State or Territory OHS right when he did not hold an entry permit under s 512, and his conduct and state of mind were attributed to the CFMMEU under ss 550 and 793. Although mitigating factors existed, Mr Hassett knew he had no right to enter, had recently returned his permit, and was a repeat right of entry offender, making specific deterrence obvious. The CFMMEU was a large organisation with significant resources and an apparent willingness to contravene the FW Act, requiring deterrence. Proportionate penalties were $10,000 for Mr Hassett and $50,000 for the CFMMEU, and...

Court Disposition

Declarations of contravention made; pecuniary penalties imposed; personal payment order made against Mr Hassett; no order as to costs.

Orders

  • ['The first respondent contravened section 494(1) of the Fair Work Act 2009 (Cth) on 16 January 2019 at the Cattle Hill Wind Farm on Macclesfield Road, Lake Echo, Tasmania by exercising a State OHS right without an entry permit issued by the Fair Work Commission pursuant to section 512 of the FW Act.' 'By reason of...