Gregor v Construction Forestry Mining and Energy Union [2011] FCA 808

Gregor v Construction Forestry Mining and Energy Union [2011] FCA 808

The parties admitted a series of industrial law contraventions relating to unlawful industrial action and coercion under ss 38 and 43 of the Building and Construction Industry Improvement Act 2005 (Cth). Having regard to the agreed facts, previous conduct, the cooperation of the respondents, the involvement of senior officials, and the principles governing agreed penalties, the Court held that the proposed penalties fell within the permissible range and were appropriate in all the circumstances. Orders for payment of agreed pecuniary penalties were made accordingly.

Parties
Applicant: Murray Gregor; Applicant: Michelle Cozadinos; Respondent: Construction Forestry Mining and Energy Union; Respondent: Derek Christopher; Respondent: Matt Hudson; Respondent: Shaun Reardon; Respondent: John Setka; Respondent: Elias Spernovasilis; Respondent: Noel Washington; Respondent: Adrian McLoughlin
Jurisdiction
Australia
Judgment Date
20 July 2011
Procedural Posture
Civil Penalty Proceeding / Penalty Hearing; Final Orders and Reasons for Judgment
Outcome
Agreed penalties imposed on all contravening parties and orders made as proposed by consent.
Legal Topics
Building and Construction Industry, Unlawful Industrial Action, Civil Penalties, Agreed Penalties, Coercion in Industrial Relations
Industrial Law Building and Construction Industry Unlawful Industrial Action Civil Penalties Agreed Penalties Coercion in Industrial Relations

Case Brief

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Parties

Murray Gregor

Applicant

Michelle Cozadinos

Applicant

Construction Forestry Mining and Energy Union

Respondent

Derek Christopher

Respondent

Matt Hudson

Respondent

Shaun Reardon

Respondent

John Setka

Respondent

Elias Spernovasilis

Respondent

Noel Washington

Respondent

Adrian McLoughlin

Respondent

Procedural Posture

Civil Penalty Proceeding / Penalty Hearing; Final Orders and Reasons for Judgment

Legal Issues

  1. 1 Whether the respondents engaged in unlawful industrial action and coercive conduct in contravention of ss 38 and 43 of the Building and Construction Industry Improvement Act 2005 (Cth)
  2. 2 The appropriateness of the quantum of agreed penalties for admitted contraventions

Ratio Decidendi

The parties admitted a series of industrial law contraventions relating to unlawful industrial action and coercion under ss 38 and 43 of the Building and Construction Industry Improvement Act 2005 (Cth). Having regard to the agreed facts, previous conduct, the cooperation of the respondents, the involvement of senior officials, and the principles governing agreed penalties, the Court held that the proposed penalties fell within the permissible range and were appropriate in all the circumstances. Orders for payment of agreed pecuniary penalties were made accordingly.

Court Disposition

Agreed penalties imposed on all contravening parties and orders made as proposed by consent.

Orders

  • Pecuniary penalties totalling $415,000 imposed on the union and individual respondents, payable to the Consolidated Revenue Fund within 28 days.
  • Each party to bear its own costs.