Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2012] FCA 189

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2012] FCA 189

On the agreed facts, Reardon, an officer of the CFMEU, directed approximately 50 to 55 employees and subcontractors to stop work at the Site in support of the BGS industrial objective, causing unlawful industrial action over about two and a half days. By s 69 of the BCII Act his conduct was deemed to be conduct of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 March 2012
Procedural Posture
Civil Penalty Proceeding Under the Building and Construction Industry Improvement Act 2005 (cth) / Penalty Hearing on Agreed Facts, Admissions and Agreed Penalty
Outcome
Penalty imposed on the first respondent; proceeding otherwise dismissed; no order as to costs.
Legal Topics
['unlawful Industrial Action' 'civil Penalty' 'agreed Penalty' 'building and Construction Industry']
['industrial Law'] ['unlawful Industrial Action' 'civil Penalty' 'agreed Penalty' 'building and Construction Industry']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Civil Penalty Proceeding Under the Building and Construction Industry Improvement Act 2005 (cth) / Penalty Hearing on Agreed Facts, Admissions and Agreed Penalty

Legal Issues

  1. 1 ['Whether the CFMEU contravened s 38 of the Building and Construction Industry Improvement Act 2005 (Cth) by engaging in unlawful industrial action.' 'Whether the agreed penalty of $50,000 was appropriate and within the permissible range.']

Ratio Decidendi

On the agreed facts, Reardon, an officer of the CFMEU, directed approximately 50 to 55 employees and subcontractors to stop work at the Site in support of the BGS industrial objective, causing unlawful industrial action over about two and a half days. By s 69 of the BCII Act his conduct was deemed to be conduct of the CFMEU, establishing a contravention of s 38. Considering the seriousness and deliberateness of the conduct, prior contraventions, delay to the project, the CFMEU's resources, cooperation and admissions, and the need for deterrence, the agreed $50,000 penalty was within the permissible range and should be imposed.

Court Disposition

Penalty imposed on the first respondent; proceeding otherwise dismissed; no order as to costs.

Orders

  • ['A penalty of $50,000 be imposed on the first respondent for engaging in unlawful industrial action on 20 November 2008 at the construction site at the Caroline Springs Square Shopping Complex, Caroline Springs, Victoria in contravention of s 38 of the Building and Construction Industry Improvement Act 2005 (Cth).'...