John Holland Pty Ltd v Maritime Union of Australia (No 2)

John Holland Pty Ltd brought proceedings against the Maritime Union of Australia and a series of other respondents in relation to the conduct of the respondents during the construction of the Bluewater Project in Sydney. The application was ultimately settled, and the court was asked to determine an appropriate pecuniary penalty for the conduct of the Maritime Union of Australia in engaging in unlawful industrial action. The primary issue was the determination of an appropriate penalty for the admitted contravention of section 38 of the Building and Construction Industry Improvement Act 2005. The court considered the nature and extent of the conduct, the circumstances in which it took place, any loss or damage, and the conduct of the Maritime Union of Australia in the past, amongst other things. The court found that a penalty of 140 penalty units, being $15,400, was appropriate in the circumstances. The penalty was payable to John Holland Pty Ltd. The court dismissed the proceedings against all respondents except the Maritime Union of Australia. The court ordered that the Maritime Union of Australia pay the penalty to John Holland Pty Ltd.