Construction, Forestry, Maritime, Mining and Energy Union v Kyren Pty Ltd [2020] FCA 1356

Construction, Forestry, Maritime, Mining and Energy Union v Kyren Pty Ltd [2020] FCA 1356

Declarations and penalties were appropriate for contraventions of ss 501 and 502(1) of the Fair Work Act 2009 (Cth), reflecting the seriousness of impeding and obstructing lawful union entry in the context of work health and safety concerns. While there were contributing factors of provocation and no prior contraventions, the deliberate and disdainful conduct by a senior site manager warranted pecuniary penalties at a level to achieve deterrence but not at the maximum, as neither the individuals nor company had prior contraventions.

Jurisdiction
Australia
Judgment Date
23 September 2020
Procedural Posture
Civil Penalty Proceeding / Determination of Penalty After Admitted Liability
Outcome
Declarations made of contraventions; pecuniary penalties imposed and payment ordered
Legal Topics
['fair Work Act' 'right of Entry' 'penalties' 'work Health and Safety']
['industrial Law' 'employment Law'] ['fair Work Act' 'right of Entry' 'penalties' 'work Health and Safety']

Case Brief

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Procedural Posture

Civil Penalty Proceeding / Determination of Penalty After Admitted Liability

Legal Issues

  1. 1 ['Appropriate declarations and penalties for admitted contraventions of ss 501 and 502(1) of the Fair Work Act 2009 (Cth)' 'Relevant considerations in penalty determination under Fair Work Act']

Ratio Decidendi

Declarations and penalties were appropriate for contraventions of ss 501 and 502(1) of the Fair Work Act 2009 (Cth), reflecting the seriousness of impeding and obstructing lawful union entry in the context of work health and safety concerns. While there were contributing factors of provocation and no prior contraventions, the deliberate and disdainful conduct by a senior site manager warranted pecuniary penalties at a level to achieve deterrence but not at the maximum, as neither the individuals nor company had prior contraventions.

Court Disposition

Declarations made of contraventions; pecuniary penalties imposed and payment ordered

Orders

  • ['Kyren Pty Ltd to pay a pecuniary penalty of $15,000 for contravention of s 501.' 'Donald McCondichie to pay a pecuniary penalty of $3,800 for contravention of s 501.' 'Donald McCondichie to pay a pecuniary penalty of $1,800 for contravention of s 502(1).' 'All penalties to be paid to the Construction, Forestry,...