Citation:

Director of the Fair Work Building Industry Inspectorate v CFMEU [2013] FCA 515

Parties:

DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, DANNY BERARDI, BILLY BEATTIE, THEO THEODOROU, BRENDAN PITT, JASON BELL and ADAM PATCHING

File number:

VID 631 of 2012

Judge:

JESSUP J

Date of judgment:

31 May 2013

Catchwords:

INDUSTRIAL LAW – application for civil penalties – admitted contraventions of s 43(1)(a) of Building and Construction Industry Improvement Act 2005 (Cth) – quantum of penalties which should be imposed agreed between the parties – whether quantum agreed between the parties within permissible range – matters relevant to exercise of discretion

Legislation:

Building and Construction Industry Improvement Act 2005 (Cth), ss 43, 49, 69

Building and Construction Industry Improvement Amendment (Transition to Fair Work) Act 2012 (Cth)

Building and Construction Industry Improvement Amendment (Transition to Fair Work) Regulations 2012 (Cth), reg 2.3

Fair Work (Building Industry) Act 2012 (Cth)

Fair Work (Registered Organisations) Act 2009 (Cth)

Cases cited:

Hills v Sutton (2007) 169 IR 327

Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] ATPR 41-993

NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285

Ponzio v B & P Caelli Constructions Pty Ltd (2007) 158 FCR 543

Date of hearing:

21 May 2013