Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 5)

Construction, Forestry, Mining and Energy Union brought an application against BHP Coal Pty Ltd in the Federal Circuit Court concerning the dismissal of two workers. The union argued that the dismissals were in contravention of the Fair Work Act, and sought pecuniary penalties for each contravention. The court had to decide the appropriate penalty for each contravention and whether the penalties should be paid to the union.

The court considered the nature of the dismissals and the significance placed on a previous court decision. It determined that a 10% discount should be applied to the penalty for each contravention, resulting in a penalty of $30,000 for each contravention. The court also considered the issue of who should receive the penalties. The union argued that it should receive the penalties as it had brought the proceedings in the public interest and to advance the objects of the legislation. The respondent did not contest this argument, and the court agreed that the union should receive the penalties.

The court ordered that BHP Coal Pty Ltd should pay a penalty of $30,000 for each contravention of the Fair Work Act, and that these penalties should be paid to the Construction, Forestry, Mining and Energy Union. The union had brought the proceedings in the public interest and to advance the objects of the legislation, and the respondent did not contest that the penalties should be paid to the union.