Construction, Forestry, Maritime, Mining and Energy Union v Richard Crookes Constructions Pty Ltd

In the matter of Construction, Forestry, Maritime, Mining and Energy Union v Richard Crookes Constructions Pty Ltd, the court considered issues related to the right of entry by permit holders under the Work Health and Safety Act 2011 (NSW) and the Fair Work Act 2009 (Cth), as well as the imposition of pecuniary penalties for contraventions of these Acts. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) sought entry to two construction sites managed by Richard Crookes Constructions Pty Ltd (Crookes) to investigate suspected contraventions of the Fair Work Act and the Work Health and Safety Act. The entry was denied on five occasions by employees of Crookes, leading to the CFMMEU's allegations of contraventions. Crookes admitted to the contraventions, prompting the CFMMEU to seek declarations and pecuniary penalties.

The court had to determine the principles for fixing appropriate pecuniary penalties, considering recent case law such as Australian Building and Construction Commissioner v Pattinson. The principles of proportionality, the principle of totality, and the objects of specific and general deterrence were central to the court's analysis. Given Crookes' status as a large, well-resourced company and the seriousness of the repeated contraventions, the court found that substantial penalties were justified. The court noted that the denial of entry to permit holders was unreasonable, particularly in light of the potential safety issues at the sites.

The court granted the declarations sought by the CFMMEU, finding that the circumstances warranted such relief. The court imposed pecuniary penalties totalling $190,000, apportioned as follows: $25,000 for the first contravention, $40,000 for the second, $45,000 for the third, $30,000 for the fourth, and $50,000 for the fifth. These penalties were to be paid to the CFMMEU. The detailed orders were entered in accordance with Rule 39.32 of the Federal Court Rules 2011.