Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy UnionCitation:[2018] HCA 3Before:Kiefel CJ, Gageler, Keane, Nettle, Gordon JJDate:14 Feb 2018Case Number:M65/2017Read more

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy UnionCitation:[2018] HCA 3Before:Kiefel CJ, Gageler, Keane, Nettle, Gordon JJDate:14 Feb 2018Case Number:M65/2017Read more

The court held that neither s 545(1) nor s 546 of the Fair Work Act nor s 23 of the Federal Court of Australia Act empowers the court to order that a union not indemnify a union official against a pecuniary penalty, or to order that a union official not seek or accept indemnity or contribution from the union in respect of a pecuniary penalty.

Parties
Respondent: Union Official; Respondent: Union
Jurisdiction
Australia
Judgment Date
14 February 2018
Procedural Posture
Industrial Law Civil Penalty Proceedings / Judgment
Outcome
Orders sought for non-indemnification and personal payment refused.
Legal Topics
Pecuniary Penalties, Civil Remedy Provisions, Indemnification, Fair Work Act 2009 (cth), Federal Court of Australia Act 1976 (cth)
Industrial Law Pecuniary Penalties Civil Remedy Provisions Indemnification Fair Work Act 2009 (cth) Federal Court of Australia Act 1976 (cth)

Case Brief

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Parties

Union Official

Respondent

Union

Respondent

Procedural Posture

Industrial Law Civil Penalty Proceedings / Judgment

Legal Issues

  1. 1 Whether the court can order that a union not indemnify a union official against a pecuniary penalty imposed for contravention of a civil remedy provision under the Fair Work Act 2009 (Cth)
  2. 2 Whether the court can order that a union official not seek or accept indemnity or contribution from the union in respect of a pecuniary penalty

Ratio Decidendi

The court held that neither s 545(1) nor s 546 of the Fair Work Act nor s 23 of the Federal Court of Australia Act empowers the court to order that a union not indemnify a union official against a pecuniary penalty, or to order that a union official not seek or accept indemnity or contribution from the union in respect of a pecuniary penalty.

Court Disposition

Orders sought for non-indemnification and personal payment refused.

Orders

  • No order that the union not indemnify the union official against the pecuniary penalty.
  • No order that the union official not seek or accept indemnity or contribution from the union in respect of the pecuniary penalty.