Brookfield Multiplex Engineering and Infrastructure Pty Ltd v McDonald [2014] FCA 389

Brookfield Multiplex Engineering and Infrastructure Pty Ltd v McDonald [2014] FCA 389

Civil penalties fixed at $21,000 for Joseph McDonald, $7,000 for Walter Molina, and $95,000 for the CFMEU, reflecting the seriousness of contraventions and the cooperation of parties to settle the litigation, with separate considerations for the degree of involvement and aggravating circumstances.

Jurisdiction
Australia
Judgment Date
11 March 2014
Procedural Posture
Civil / Penalty Determination Following Consent Orders
Outcome
Penalties imposed on respondents for contraventions of Fair Work Act
Legal Topics
['civil Penalties' 'contravention of Fair Work Act' 'industrial Action' 'coercion' 'adverse Action']
['industrial Law'] ['civil Penalties' 'contravention of Fair Work Act' 'industrial Action' 'coercion' 'adverse Action']

Case Brief

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Procedural Posture

Civil / Penalty Determination Following Consent Orders

Legal Issues

  1. 1 ['Appropriate civil penalties for contravention of Fair Work Act 2009 (Cth) ss 346, 348, 417' 'Whether penalties are proportional to gravity of contraventions' 'Relevant considerations for penalty assessment' 'Motivation for industrial action']

Ratio Decidendi

Civil penalties fixed at $21,000 for Joseph McDonald, $7,000 for Walter Molina, and $95,000 for the CFMEU, reflecting the seriousness of contraventions and the cooperation of parties to settle the litigation, with separate considerations for the degree of involvement and aggravating circumstances.

Court Disposition

Penalties imposed on respondents for contraventions of Fair Work Act

Orders

  • ['Joseph McDonald to pay $21,000 penalty' 'Walter Molina to pay $7,000 penalty' 'Construction, Forestry, Mining and Energy Union to pay $95,000 penalty' "Penalties to be paid by cheque to applicant's solicitors within 60 days"]