Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Castlemaine Police Station Case No 2)

The Australian Building and Construction Commissioner brought proceedings against the Construction, Forestry, Maritime, Mining and Energy Union and an individual, asserting that they had contravened section 500 of the Fair Work Act 2009 (Cth). The dispute arose from events at the Castlemaine Police Station construction site, where the union and the individual had engaged in conduct that was contrary to the requirements of the Act. The Federal Court was tasked with determining the appropriate pecuniary penalties for these contraventions.

The central legal issues before the court were the determination of the appropriate penalties for the contraventions of section 500 of the Act, and whether the history of the union's previous contravening conduct should influence the assessment of the penalty in the current case. The court needed to consider the principles of "course of conduct" and "totality" in assessing the penalties. The union conceded liability under sections 550 and 793 of the Act, which pertained to the contravention of a direction and the making of a false or misleading statement, respectively.

In its reasoning, the court examined the nature, gravity, character, and seriousness of the contraventions. It considered the union's previous history of similar conduct, which was deemed relevant in assessing the appropriate penalty under the "course of conduct" and "totality" principles. The court concluded that the penalties should reflect the seriousness of the contraventions and the need to deter future misconduct. It ordered the union to pay a penalty of $51,000 and the individual to pay a penalty of $8,500. The court also made orders regarding the payment of these penalties to the Commonwealth and the service of these orders on the respondents. The proceeding was dismissed in all other respects, and no order was made as to costs.