Construction Forestry Mining and Energy Union v North Goonyella Coal Mine Pty Ltd

The Construction Forestry Mining and Energy Union sought relief on behalf of three employees, Luke Adam Ludlow, Barry James Elliott, and Brendon John Woods, who were employed by North Goonyella Coal Mine Pty Ltd. The Union alleged that the respondent had taken adverse action against the employees on the basis of their trade union activities and exercise of workplace rights. The Fair Work Commission had earlier determined that the respondent had contravened the Fair Work Act 2009 and the North Goonyella Underground Mine Collective Enterprise Agreement 2012. The Federal Court was required to determine the penalty to be imposed on the respondent for the contraventions of the Fair Work Act 2009 and to determine the appropriate remedy for the employees.

The court considered the admitted contraventions of the Fair Work Act and the relevant collective agreement, as well as the history of trade unionism in the mining industry. The court found that the respondent had taken adverse action against the employees on the basis of their trade union activities and exercise of workplace rights. The court also considered the other relevant factors in determining the penalty, including the nature and extent of the contraventions, the respondent's history of compliance with the Fair Work Act, and the need to deter future contraventions. The court found that the appropriate penalty was a pecuniary penalty of $120,000 and that the appropriate remedy for the employees was reinstatement to their former positions.

The court ordered that the respondent reinstate the employees to their former positions and pay them the pecuniary penalties and costs. The court also ordered that the employees repay the respondent the amounts of long service leave paid to them during the relevant period. The court granted the Union leave to use the documents discovered in these proceedings in and in relation to the conduct of Fair Work Commission proceedings C2013/1697 and granted the Union liberty to apply to the Court to use the affidavit material filed in these proceedings by the respondent in and in relation to the conduct of those proceedings.