Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Parliament Square Case) (No 2)

In the case of Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Parliament Square Case) (No 2), the Federal Court was tasked with considering the contraventions of section 500 of the Fair Work Act 2009 (Cth) by Mr Richard Hassett, an official of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Australian Building and Construction Commissioner sought declarations of contravention, imposition of pecuniary penalties, and orders for payment of penalties to the Commonwealth, along with an order preventing Mr Hassett from seeking reimbursement from the CFMEU. The legal issues before the court included whether the declarations sought by the Commissioner should be made and the appropriateness of the proposed pecuniary penalties for the respondents.

The court found that the declarations sought by the Commissioner should be made, adhering to the principles established in a previous case, Australian Building and Construction Commission v Construction, Forestry, Maritime, Mining and Energy Union (The Bendigo Theatre Case) (No 2). Regarding pecuniary penalties, the court noted the maximum penalties for contraventions of section 500, taking into account the value of a penalty unit at the relevant times. The court considered the principles guiding the determination of penalties, including the number of contraventions and the principles outlined in previous cases. Ultimately, the court determined that penalties should be imposed for each contravention found and ordered the appropriate financial penalties for both the CFMEU and Mr Hassett.

The court ordered that the First Respondent, the CFMEU, pay penalties for each of the contraventions found, with specific amounts for each contravention. The Second Respondent, Mr Hassett, was ordered to pay penalties for his contraventions, with specific amounts for each instance. The court also mandated that the penalties be paid to the Commonwealth within specified timeframes. The proceeding was dismissed in all other respects, and there was no order as to costs. The court directed that the orders be served on the respondents in accordance with the Federal Court Rules 2011 (Cth).