Australian Building and Construction Commissioner v Tyrone Construction Services Pty Ltd [2020] FCA 1185

Australian Building and Construction Commissioner v Tyrone Construction Services Pty Ltd [2020] FCA 1185

The admitted facts established that Mr Adams deliberately organised unlawful pickets at the Site on 27 June and 1 August 2019 to secure payment of disputed amounts, thereby contravening s 47 of the Act, and Tyrone was taken to have contravened s 47 by operation of s 94. The contraventions were objectively serious,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 August 2020
Procedural Posture
Application by the Commissioner for Declaratory Relief and Pecuniary Penalties / Determined on the Papers; Final Orders Made
Outcome
Declarations made; pecuniary penalties imposed; proceeding otherwise dismissed with no order as to costs.
Legal Topics
['unlawful Industrial Picketing' 'building and Construction Industry' 'civil Penalties' 'declaratory Relief']
['industrial Law' 'employment and Industrial Relations'] ['unlawful Industrial Picketing' 'building and Construction Industry' 'civil Penalties' 'declaratory Relief']

Source-derived case record

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Procedural Posture

Application by the Commissioner for Declaratory Relief and Pecuniary Penalties / Determined on the Papers; Final Orders Made

Legal Issues

  1. 1 ['Whether the respondents contravened s 47 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) by organising unlawful industrial pickets at the Site on 27 June and 1 August 2019.' 'Whether declaratory relief should be granted in respect of the admitted contraventions.' 'What pecuniary penalties should be imposed on Mr Adams and Tyrone Construction Services Pty Ltd.']

Ratio Decidendi

The admitted facts established that Mr Adams deliberately organised unlawful pickets at the Site on 27 June and 1 August 2019 to secure payment of disputed amounts, thereby contravening s 47 of the Act, and Tyrone was taken to have contravened s 47 by operation of s 94. The contraventions were objectively serious, planned, caused disruption and loss, and were motivated by a commercial object to obtain payment without due process. Having regard to deterrence, admissions, lack of prior contraventions and mitigation, penalties of $8,000 per occasion for Mr Adams and $40,000 per contravention for Tyrone were appropriate.

Court Disposition

Declarations made; pecuniary penalties imposed; proceeding otherwise dismissed with no order as to costs.

Orders

  • ['The second respondent, being an officer of the first respondent and acting in that capacity for the purposes of s 94 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth), contravened s 47 of the Act by organising unlawful industrial pickets at 269-271 Vincent Street, Leederville in...