Construction, Forestry, Maritime, Mining and Energy Union v BGC POS Pty Ltd and Anor (No.2)

The Federal Court of Australia, specifically Judge Kendall, considered a dispute between the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and BGC POS Pty Ltd and another party. The core of the dispute concerned alleged contraventions of section 502 of the *Fair Work Act 2009* (Cth).

The primary legal issue before the Court was the determination of an appropriate penalty for the identified contraventions of section 502 of the *Fair Work Act 2009* (Cth). This required the Court to consider various factors relevant to penalty imposition in industrial law matters.

In reaching its decision, the Court applied established principles for assessing penalties under the *Fair Work Act 2009* (Cth). Judge Kendall considered the nature and circumstances of the contraventions, the objective seriousness of the conduct, and the need for deterrence, both specific and general. Ultimately, the Court determined that a penalty within the lower range was appropriate in this instance, reflecting the specific facts and context of the case.