Australian Building and Construction Commissioner v Hassett

In the Federal Court of Australia, the Australian Building and Construction Commissioner brought proceedings against Hassett and others for alleged contraventions of sections 499 and 500 of the Fair Work Act 2009. The dispute centred on incidents that occurred on 5 and 6 June 2017 at a construction site, where Hassett and others allegedly engaged in conduct that disrupted work and endangered health and safety.

The primary legal issues before the court were whether section 556 of the FW Act, which bars multiple penalties for the same conduct, applied to the contraventions of sections 499 and 500, and whether the penalties imposed were appropriate. Section 556 provides that if a person is ordered to pay a penalty under one provision of the Act for particular conduct, they cannot be ordered to pay a penalty under another provision for that same conduct. The court needed to determine whether the contraventions were distinct enough to permit separate penalties.

The court held that section 556 did not apply to the contraventions of sections 499 and 500, as the conduct constituting the contraventions was not the same. The contravention of section 499 related to Hassett's refusal to comply with a reasonable occupational health and safety request, while the contravention of section 500 involved additional conduct such as hindering and obstructing the crane driver and using insulting language. These were distinct actions that should be regarded as separate. The court also considered the importance of long-standing recidivism and the need to deter such behaviour, leading to the imposition of penalties. The court ordered various penalties to be paid by the respondents, taking into account the nature and seriousness of the contraventions.

The court made orders for the respondents to pay specified penalties within 28 days, dismissed the proceeding otherwise, and made no order as to costs. The penalties ranged from $6,000 to $40,000, reflecting the severity of the contraventions.