FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Williams
[2009] FCAFC 171INDUSTRIAL LAW – Union organiser made statements to procure a stoppage of work by workers on a building site and made further threatening statement to site manager – whether a 'single course of conduct' – totality principle – miscarriage of sentencing discretion
PECUNIARY PENALTIES - imposing penalties for multiple breaches on basis that there was single course of conduct – determination of appropriate penalties
Building and Construction Industry Improvement Act 2005 (Cth) ss 43, 69
House v The King (1936) 55 CLR 499 applied
Mornington Inn Pty Ltd v Jordan (2008) 168 FCR 383 applied
Royer v Western Australia [2009] WASCA 139 consideredCONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and ROBERT MATES v ANDREW WILLIAMS
VID 452 of 2009
MOORE, MIDDLETON, GORDON JJ
7 DECEMBER 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 452 of 2009
ON APPEAL FROM THE FEDERAL COURT
BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
First AppellantROBERT MATES
Second AppellantAND: ANDREW WILLIAMS
Respondent
JUDGES:
MOORE, MIDDLETON, GORDON JJ
DATE OF ORDER:
7 DECEMBER 2009
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.The appeal be allowed.
2.Orders 1 to 5 of the order of Jessup J of 28 May 2009 be set aside.
3.On or before 7 January 2010, the first appellant shall pay to the District Registrar of the Victorian Registry of the Court a fine in the sum of $35,000 or by such further time and by such instalments as the District Registrar may allow.
4.On or before 7 January 2010, the second appellant shall pay to the District Registrar of the Victorian Registry of the Court a fine in the sum of $7,500 or by such further time and by such instalments as the District Registrar may allow.
5.In the event that there is default in payment of either of the fines, the District Registrar of the Victorian Registry shall apply to the Court for directions concerning enforcement.
6.The respondent pay the appellants' costs of the appeal, to be taxed in default of agreement.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using eSearch on the Court’s website.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 452 of 2009
ON APPEAL FROM THE FEDERAL COURT
BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
First AppellantROBERT MATES
Second AppellantAND: ANDREW WILLIAMS
Respondent
JUDGES:
MOORE, MIDDLETON, GORDON JJ
DATE:
7 DECEMBER 2009
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
THE COURT:
On 31 July 2006 the second appellant, Mr Mates, held a meeting of workers at a building site in Melbourne. He made statements to procure a stoppage of work by the workers. This was done to induce the builder to employ an occupational health and safety representative on the site. As he left the site, Mr Mates told the site manager that if…
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- Case
- [2009] FCAFC 171
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the fines imposed were appropriate sanctions under the legislation, and whether they constituted punishment rather than a remedy. The appellants argued that the fines were punitive and not compensatory, and therefore exceeded the jurisdiction of the court. They also contended that the court had not properly exercised its discretion in setting the fines. The respondent argued that the fines were appropriate and within the court's jurisdiction, serving both as a deterrent and a remedy for the unlawful industrial action.
In ruling on the appeal, the court found that the fines imposed were indeed punitive and not compensatory, and thus exceeded the court's jurisdiction under the legislation. The court noted that the primary purpose of the fines should be to provide a remedy to the respondent rather than to punish the appellants. The fines were set aside, and new orders were made for the appellants to pay reduced fines. The court emphasised the importance of ensuring that any sanctions imposed by the court are appropriate and serve their intended purpose under the legislation.
The final orders of the court were that the appeal be allowed, the original fines be set aside, and new fines be imposed on the appellants. The court also ordered that the respondent pay the appellants' costs of the appeal. The fines were to be paid by specific dates, with provisions for instalment payments and enforcement in the event of default. This decision highlighted the need for courts to carefully consider the nature and purpose of any sanctions imposed in cases involving breaches of industrial laws.
Orders
Orders of the court
1. The appeal be allowed.
2. Orders 1 to 5 of the order of Jessup J of 28 May 2009 be set aside.
3. On or before 7 January 2010, the first appellant shall pay to the District Registrar of the Victorian Registry of the Court a fine in the sum of $35,000 or by such further time and by such instalments as the District Registrar may allow.
4. On or before 7 January 2010, the second appellant shall pay to the District Registrar of the Victorian Registry of the Court a fine in the sum of $7,500 or by such further time and by such instalments as the District Registrar may allow.
5. In the event that there is default in payment of either of the fines, the District Registrar of the Victorian Registry shall apply to the Court for directions concerning enforcement.
6. The respondent pay the appellants' costs of the appeal, to be taxed in default of agreement.
Note:
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: MOORE, MIDDLETON, GORDON JJ
Full text does not contain this section.