Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Perth Childrens' Hospital Contraventions Case)

In the case of Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Perth Children's Hospital Contraventions Case), the dispute involved admitted contraventions of sections 340, 346, and 348 of the Fair Work Act 2009 (Cth) by the Construction, Forestry, Mining and Energy Union (CFMEU) and several individual union members. The contraventions occurred during a blockade of the site and strike action at the New Perth Children’s Hospital project on 25 and 30 January 2013. The respondents engaged in actions that prevented employees from entering the site, thereby hindering the employers' ability to exercise a workplace right related to a safety dispute settlement procedure.

The legal issues before the court included determining the appropriate penalties for the admitted contraventions under the Fair Work Act and whether the penalties should be paid by the respondents personally or by the CFMEU. The court had to consider various factors, including the nature of the contraventions, the role of each respondent, and the maximum penalties available under the Act. The maximum penalty for a contravention of these provisions was 300 penalty units for a body corporate and 60 penalty units for an individual, with the penalty unit valued at $170 at the time of the contraventions.

The court, after considering the evidence and submissions from both parties, found that the respondents had indeed engaged in conduct that constituted contraventions of the specified sections of the Fair Work Act. The court imposed penalties on the respondents, taking into account the nature and seriousness of their actions. The penalties varied among the respondents, with the CFMEU facing the highest penalties due to the collective nature of the contraventions. The court also ruled that the penalties should be paid to the Commonwealth and that individual respondents should not be indemnified by the CFMEU. The final orders included specific pecuniary penalties for each respondent, with the total amount to be paid to the Commonwealth.