Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Morphettville Park Case) [2021] FCA 1640

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Morphettville Park Case) [2021] FCA 1640

The Court imposed declarations and pecuniary penalties because both respondents admitted improper conduct in exercise of statutory right of entry, falling below the expected standard. The penalty quantum was set having regard to the nature and context of the conduct, recidivism of the union, absence of mitigation, cooperation in proceedings, and relevant statutory maxima.

Jurisdiction
Australia
Judgment Date
23 December 2021
Procedural Posture
Civil / Determination of Penalties After Admissions
Legal Topics
['contraventions of S 500 Fair Work Act' 'pecuniary Penalties' 'rights of Entry' 'liability of Bodies Corporate' 'accessorial Liability' 'determination of Penalty' 'court Declarations']
['industrial Law' 'employment Law'] ['contraventions of S 500 Fair Work Act' 'pecuniary Penalties' 'rights of Entry' 'liability of Bodies Corporate' 'accessorial Liability' 'determination of Penalty' 'court Declarations']

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Procedural Posture

Civil / Determination of Penalties After Admissions

Legal Issues

  1. 1 ['Should declarations and pecuniary penalties be imposed for admitted contraventions of s 500 of the Fair Work Act 2009 by the respondents?' 'What is the appropriate quantum for penalties imposed under s 546 of the Fair Work Act?' 'What factors mitigate or aggravate the assessment of penalty for improper conduct under right of entry provisions?']

Ratio Decidendi

The Court imposed declarations and pecuniary penalties because both respondents admitted improper conduct in exercise of statutory right of entry, falling below the expected standard. The penalty quantum was set having regard to the nature and context of the conduct, recidivism of the union, absence of mitigation, cooperation in proceedings, and relevant statutory maxima.

Court Disposition

Orders

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