Alfred v Wakelin (No. 1) [2008] FCA 1455

Alfred v Wakelin (No. 1) [2008] FCA 1455

Penalties are required for both Mr Wakelin and the CFMEU, commensurate with the seriousness and duration of their contravening conduct, lack of prior contraventions for Mr Wakelin, and the need for both specific and general deterrence. Proportionality applied, penalties towards the lower end were set given the circumstances and mitigating factors.

Parties
Applicant: Gregory Charles Alfred; First Respondent: Robert Wakelin; Second Respondent: Charles Abela; Third Respondent: Mark Batzloff; Fourth Respondent: Robert Jones; Fifth Respondent: Joseph O'Connor; Sixth Respondent: The Australian Workers' Union; Seventh Respondent: The Australian Workers' Union, New South Wales; Eighth Respondent: Construction, Forestry, Mining and Energy Union; Ninth Respondent: The Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland; Tenth Respondent: Australian Building Construction Employees and Builders' Labourers' Federation (Queensland Branch) Union of Employees; Eleventh Respondent: Federated Engine Drivers' and Firemens' Association of Queensland, Union of Employees
Jurisdiction
Australia
Judgment Date
25 September 2008
Procedural Posture
Civil / Penalty Hearing Following Admissions of Contravention
Outcome
Pecuniary penalties imposed on first and eighth respondents for contravention of s 38 of the Building and Construction Industry Improvement Act 2005 (Cth); exhibits may be returned.
Legal Topics
Unlawful Industrial Action, Civil Penalties, Union Liability, Building and Construction Industry Regulation
Industrial Law Unlawful Industrial Action Civil Penalties Union Liability Building and Construction Industry Regulation

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Parties

Gregory Charles Alfred

Applicant

Robert Wakelin

First Respondent

Charles Abela

Second Respondent

Mark Batzloff

Third Respondent

Robert Jones

Fourth Respondent

Joseph O'Connor

Fifth Respondent

The Australian Workers' Union

Sixth Respondent

The Australian Workers' Union, New South Wales

Seventh Respondent

Construction, Forestry, Mining and Energy Union

Eighth Respondent

The Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland

Ninth Respondent

Australian Building Construction Employees and Builders' Labourers' Federation (Queensland Branch) Union of Employees

Tenth Respondent

Federated Engine Drivers' and Firemens' Association of Queensland, Union of Employees

Eleventh Respondent

Procedural Posture

Civil / Penalty Hearing Following Admissions of Contravention

Legal Issues

  1. 1 What is the appropriate penalty for admitted contraventions of s 38 of the Building and Construction Industry Improvement Act 2005 (Cth) by an individual and by a union?
  2. 2 What factors are relevant to the quantum of civil penalties in industrial cases involving unlawful industrial action?

Ratio Decidendi

Penalties are required for both Mr Wakelin and the CFMEU, commensurate with the seriousness and duration of their contravening conduct, lack of prior contraventions for Mr Wakelin, and the need for both specific and general deterrence. Proportionality applied, penalties towards the lower end were set given the circumstances and mitigating factors.

Court Disposition

Pecuniary penalties imposed on first and eighth respondents for contravention of s 38 of the Building and Construction Industry Improvement Act 2005 (Cth); exhibits may be returned.

Orders

  • First respondent, Robert Wakelin, to pay $1100 penalty for contravening s 38 of the BCII Act on 10 November 2005.
  • Eighth respondent, the Construction, Forestry, Mining and Energy Union, to pay $8000 penalty for contravening s 38 of the BCII Act on 10 November 2005.