Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union

The case involved the Director of the Fair Work Building Industry Inspectorate bringing proceedings against various respondents, including individuals and the Construction, Forestry, Mining and Energy Union (CFMEU), for contraventions of sections 348, 499 and 500 of the Fair Work Act 2009. The Court was required to determine the appropriate declarations and penalties, whether multiple contraventions constituted a single course of conduct, and whether the Court had the power to impose a single penalty for multiple conduct in the absence of statutory authority. The Court also considered the application of the totality principle in determining the penalties.

The Court found that the declarations sought by the Director were appropriate, given the evidence and admissions made during the trial. The Court made 42 declarations, with some modifications to their form, and imposed penalties on the respondents, including individuals and the CFMEU. The Court considered the utility of the declarations, the matter of public interest, the need for the Court’s disapproval of the contravening conduct, and the adequacy of the particulars in the declarations. The Court also rejected the argument that the proposed declaration regarding Mr Roberts' conduct at Adelaide Oval on 30 October 2013 was not supported by the findings in the Liability Judgment. The Court found that the evidence provided ample justification for the terms of the declaration proposed by the Director.

The Court dismissed certain allegations made against some respondents, including contraventions of section 346 of the FW Act at the Flinders University site on 30 October 2013, and contraventions of section 500 of the FW Act at the Adelaide Oval site on 30 October 2013 and 12 November 2013. The Court ordered that the pecuniary penalties imposed on the respondents be paid to the Commonwealth of Australia.

The final orders included the imposition of pecuniary penalties on various respondents, with some respondents being ordered to pay penalties for multiple contraventions. The Court also ordered that certain allegations against some respondents be dismissed. The Court made clear that the penalties were to be paid to the Commonwealth, in accordance with section 546(3) of the FW Act.