Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd (No 2)

The Federal Court considered a dispute between the Construction, Forestry, Mining and Energy Union and Hail Creek Coal Pty Ltd regarding alleged breaches of section 50 of the Fair Work Act 2009 (Cth). The union alleged that the company contravened the act by failing to provide required information during protected industrial action, leading to the imposition of penalties. The primary issue for the court was to determine the appropriate penalty for the contraventions and the form of declaratory order to be issued.

The court assessed the nature and seriousness of the contraventions, considering factors such as the duration of the breaches and the impact on the union's ability to effectively organise and participate in the industrial action. The court concluded that the breaches were serious but not extreme, warranting a penalty of $90 for each of the 506 contraventions, amounting to a total penalty of $45,540. The court also determined that a declaratory order should be issued, specifying the penalties and the timeline for payment, in accordance with the Fair Work Act and the Federal Court Rules 2011.

The court ordered Hail Creek Coal Pty Ltd to pay the penalties to the union within 28 days, as specified in the declaratory order. This decision emphasised the importance of compliance with industrial laws and the consequences of failing to provide required information during protected industrial action. The court's reasoning and the form of the declaratory order were consistent with the legislative framework and the court's previous decisions on similar matters.