Fair Work Ombudsman v Blakeley [2023] FCA 1121

Fair Work Ombudsman v Blakeley [2023] FCA 1121

Given the deliberate but relatively brief and lower-level improper conduct by the first respondent, the knowing involvement of the second respondent, and the CFMMEU's significant recidivist history, penalties of $7,500, $4,500, and $50,000 (respectively) are proportionate after applying a 15% discount for late admissions; a non-indemnification order is not warranted in the circumstances.

Jurisdiction
Australia
Judgment Date
20 September 2023
Procedural Posture
Civil Penalty Proceeding / Judgment and Orders on Penalty and Declarations
Outcome
Declarations made by consent; pecuniary penalties imposed on each respondent; no non-indemnification order made.
Legal Topics
['pecuniary Penalty' 'contravention of S 500 of the Fair Work Act 2009 (cth)' 'improper Conduct by Union Officials' 'civil Penalty Principles' 'non Indemnification Order']
['employment' 'industrial Law'] ['pecuniary Penalty' 'contravention of S 500 of the Fair Work Act 2009 (cth)' 'improper Conduct by Union Officials' 'civil Penalty Principles' 'non Indemnification Order']

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Procedural Posture

Civil Penalty Proceeding / Judgment and Orders on Penalty and Declarations

Legal Issues

  1. 1 ['What is the appropriate pecuniary penalty for contraventions of s 500 of the Fair Work Act 2009 (Cth)?' 'Should the court make declarations regarding the admitted contraventions?' 'Should a non-indemnification order be made requiring personal payment of penalties?']

Ratio Decidendi

Given the deliberate but relatively brief and lower-level improper conduct by the first respondent, the knowing involvement of the second respondent, and the CFMMEU's significant recidivist history, penalties of $7,500, $4,500, and $50,000 (respectively) are proportionate after applying a 15% discount for late admissions; a non-indemnification order is not warranted in the circumstances.

Court Disposition

Declarations made by consent; pecuniary penalties imposed on each respondent; no non-indemnification order made.

Orders

  • ['First respondent to pay a pecuniary penalty of $7,500.' 'Second respondent to pay a pecuniary penalty of $4,500.' 'Third respondent (CFMMEU) to pay a pecuniary penalty of $50,000.' 'Penalties to be paid to the Commonwealth of Australia within 28 days.']