Cahill v Construction, Forestry, Mining and Energy Union [2008] FCA 495

Cahill v Construction, Forestry, Mining and Energy Union [2008] FCA 495

A penalty should be imposed on the CFMEU for deliberate breaches in seeking strike pay and organizing industrial action, despite legitimate safety concerns, applying the totality principle and weighing in mitigating factors including co-operation and changed industry practice.

Jurisdiction
Australia
Judgment Date
11 April 2008
Procedural Posture
Civil Penalty Proceeding / Penalty Assessment
Outcome
Penalty imposed on first respondent; declarations made against second and third respondents; no penalty imposed on individuals.
Legal Topics
['industrial Action' 'strike Pay' 'safety Concerns' 'penalty Assessment' 'totality Principle']
['industrial Law'] ['industrial Action' 'strike Pay' 'safety Concerns' 'penalty Assessment' 'totality Principle']

Case Brief

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Procedural Posture

Civil Penalty Proceeding / Penalty Assessment

Legal Issues

  1. 1 ['Whether penalty should be imposed for breach of s 187AB of the Workplace Relations Act 1996 (Cth)' 'Assessment of appropriate penalty for breach of statutory prohibition on strike pay']

Ratio Decidendi

A penalty should be imposed on the CFMEU for deliberate breaches in seeking strike pay and organizing industrial action, despite legitimate safety concerns, applying the totality principle and weighing in mitigating factors including co-operation and changed industry practice.

Court Disposition

Penalty imposed on first respondent; declarations made against second and third respondents; no penalty imposed on individuals.

Orders

  • ['A penalty of $4,000 is imposed on the first respondent for breach of s 187AB of the Workplace Relations Act 1996 (Cth).' 'It is declared that the second and third respondents have each contravened s 187AB of the Act.' 'The penalty is to be paid into consolidated revenue on or before 11 June 2008.']