Woodside Burrup Pty Ltd v Construction, Forestry, Mining & Energy Union [2011] FCA 949

Woodside Burrup Pty Ltd v Construction, Forestry, Mining & Energy Union [2011] FCA 949

The agreed penalties ($71,500 against CFMEU; $14,300 against McDonald) for contravening s 38 of the BCII Act by engaging in unlawful industrial action are appropriate, within the permissible range and not manifestly excessive or inadequate given the facts, scale, prior conduct, and deterrence objectives. Penalties should be paid to Woodside, who initiated and prosecuted the proceedings, consistent with the usual order encouraging private enforcement and not resulting in a windfall. By consent, further injunctive and compensation orders are warranted.

Jurisdiction
Australia
Judgment Date
22 August 2011
Procedural Posture
Civil / Judgment on Consent Orders and Quantum of Penalty
Outcome
Judgment for the applicant with orders by consent; penalties imposed; injunctive and compensation orders made.
Legal Topics
['pecuniary Penalties' 'industrial Action' 'compensation Orders' 'injunctions' 'building and Construction Industry Improvement Act 2005']
['industrial Law'] ['pecuniary Penalties' 'industrial Action' 'compensation Orders' 'injunctions' 'building and Construction Industry Improvement Act 2005']

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Procedural Posture

Civil / Judgment on Consent Orders and Quantum of Penalty

Legal Issues

  1. 1 ['Whether the agreed pecuniary penalties for unlawful industrial action under s 38 of the BCII Act are appropriate and within the permissible range' 'Whether penalties under s 49(5) of the BCII Act ought be paid to the applicant or the Commonwealth' 'Appropriateness of injunctive and compensation orders by consent']

Ratio Decidendi

The agreed penalties ($71,500 against CFMEU; $14,300 against McDonald) for contravening s 38 of the BCII Act by engaging in unlawful industrial action are appropriate, within the permissible range and not manifestly excessive or inadequate given the facts, scale, prior conduct, and deterrence objectives. Penalties should be paid to Woodside, who initiated and prosecuted the proceedings, consistent with the usual order encouraging private enforcement and not resulting in a windfall. By consent, further injunctive and compensation orders are warranted.

Court Disposition

Judgment for the applicant with orders by consent; penalties imposed; injunctive and compensation orders made.

Orders

  • ['Permanent injunction restraining respondents from engaging in or encouraging industrial action on specified projects.' 'First respondent (CFMEU) to indemnify applicant for 25% of liabilities up to $500,000 arising from contractor claims.' 'First respondent (CFMEU) to pay applicant $1,500,000 compensation for...