Construction, Forestry, Maritime, Mining and Energy Union v Hanssen Pty Ltd

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) brought proceedings against Hanssen Pty Ltd (the Respondent) in the Federal Court of Australia. The dispute concerned the Respondent's refusal to permit a union permit holder entry to a building site, which the CFMMEU alleged constituted a contravention of section 501 of the *Fair Work Act 2009* (Cth). The matter proceeded to a penalty hearing following an admission of breach by the Respondent.

The primary legal issue before Judge McNab was to determine the appropriate penalty for the contravention of section 501 of the *Fair Work Act 2009* (Cth). In doing so, the Court was required to consider the nature of the contravening conduct, including whether it was deliberate, the Respondent's history of similar contraventions, and any mitigating or aggravating factors presented.

Judge McNab found that the Respondent's conduct in refusing entry to the permit holder was deliberate. The Court took into account the Respondent's prior contraventions of similar provisions under the *Fair Work Act 2009* (Cth) as an aggravating factor, indicating a pattern of non-compliance. The admission of the breach by the Respondent was noted, but the Court determined that a significant penalty was warranted to reflect the seriousness of the contravention and to deter future breaches. The Court ordered the Respondent to pay a penalty of $20,000.