Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (No 3) [2024] FCA 1201

Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (No 3) [2024] FCA 1201

Pecuniary penalties are assessed with reference to the number and seriousness of the contraventions, the purpose of deterrence, and the unusual circumstances of the case. The defendants, including the Union, are liable for pecuniary penalties at the stated amounts for breaches of ss 46 and 52 of the BCI Act due to unlawful industrial action, and the Union's liability arises from s 95 BCI Act by reason of its officials' conduct.

Parties
Applicant: Fair Work Ombudsman; First Respondent: Construction, Forestry and Maritime Employees Union; Second Respondent: Andrew Blakeley; Third Respondent: Dean Mattas
Jurisdiction
Australia
Judgment Date
18 October 2024
Procedural Posture
Civil Penalty Proceeding / Assessment of Penalties Following Finding of Contravention
Outcome
Declarations and pecuniary penalties imposed. No order as to costs.
Legal Topics
Pecuniary Penalties, Unlawful Industrial Action, Coercion of Employer, Role of Health and Safety Representatives, Liability of Unions for Officials' Conduct
Industrial Law Employment Law Pecuniary Penalties Unlawful Industrial Action Coercion of Employer Role of Health and Safety Representatives Liability of Unions for Officials' Conduct

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Parties

Fair Work Ombudsman

Applicant

Construction, Forestry and Maritime Employees Union

First Respondent

Andrew Blakeley

Second Respondent

Dean Mattas

Third Respondent

Procedural Posture

Civil Penalty Proceeding / Assessment of Penalties Following Finding of Contravention

Legal Issues

  1. 1 Assessment of appropriate pecuniary penalties for contraventions of ss 46 and 52 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth)
  2. 2 Whether the conduct constituted multiple contraventions and the number of penalties to impose
  3. 3 Liability of the Union for officials' conduct under s 95 BCI Act

Ratio Decidendi

Pecuniary penalties are assessed with reference to the number and seriousness of the contraventions, the purpose of deterrence, and the unusual circumstances of the case. The defendants, including the Union, are liable for pecuniary penalties at the stated amounts for breaches of ss 46 and 52 of the BCI Act due to unlawful industrial action, and the Union's liability arises from s 95 BCI Act by reason of its officials' conduct.

Court Disposition

Declarations and pecuniary penalties imposed. No order as to costs.

Orders

  • Declarations made as to contraventions by Mr Mattas, Mr Blakeley, and the Union under ss 46 and 52 of the BCI Act.
  • Third respondent (Mr Mattas) to pay pecuniary penalties of $4,400 for s 46 and $6,700 for s 52 contraventions.