Construction, Forestry and Maritime Employees Union v Richard Crookes Constructions Pty Ltd [2024] FCA 437

Construction, Forestry and Maritime Employees Union v Richard Crookes Constructions Pty Ltd [2024] FCA 437

It was established by admitted facts that Crookes contravened s 501 of the Fair Work Act 2009 (Cth) by unduly delaying entry to its site for the applicant's permit holder. The Court accepted the proposed penalty of $25,000 as appropriate, taking into account the seriousness of the breach, absence of prior offending, lack of evidence of remediation, and public utility in imposing an agreed penalty.

Parties
Applicant: Construction, Forestry and Maritime Employees Union; Respondent: Richard Crookes Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
30 April 2024
Procedural Posture
Civil Penalty Proceeding / Judgment After Admission of Liability and Consent Penalty
Outcome
Declaration granted and pecuniary penalty imposed
Legal Topics
Right of Entry, Pecuniary Penalties, Declaratory Relief, Workplace Health and Safety, Enforcement of Statutory Rights
Industrial Law Right of Entry Pecuniary Penalties Declaratory Relief Workplace Health and Safety Enforcement of Statutory Rights

Case Brief

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Parties

Construction, Forestry and Maritime Employees Union

Applicant

Richard Crookes Constructions Pty Ltd

Respondent

Procedural Posture

Civil Penalty Proceeding / Judgment After Admission of Liability and Consent Penalty

Legal Issues

  1. 1 Whether the respondent unduly delayed entry in contravention of s 501 of the Fair Work Act 2009 (Cth)
  2. 2 Appropriate penalty for contravention of s 501 of the Fair Work Act 2009 (Cth)
  3. 3 Whether declaratory relief is warranted

Ratio Decidendi

It was established by admitted facts that Crookes contravened s 501 of the Fair Work Act 2009 (Cth) by unduly delaying entry to its site for the applicant's permit holder. The Court accepted the proposed penalty of $25,000 as appropriate, taking into account the seriousness of the breach, absence of prior offending, lack of evidence of remediation, and public utility in imposing an agreed penalty.

Court Disposition

Declaration granted and pecuniary penalty imposed

Orders

  • Declaration that Richard Crookes Constructions Pty Ltd contravened s 501 of the Fair Work Act 2009 (Cth) on 8 April 2020 by unduly delaying entry.
  • Order that Richard Crookes Constructions Pty Ltd pay a pecuniary penalty of $25,000 to the Construction, Forestry and Maritime Employees Union within 28 days.