Patrick Stevedores Holdings Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union

The case of Patrick Stevedores Holdings Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2021] FCA 1061 involved a dispute over alleged breaches of the Fair Work Act 2009 (Cth) by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and an individual, Mr McAleer. The CFMMEU and Mr McAleer were accused of organising industrial action that constituted a refusal to perform work by employees of Patrick Stevedores Holdings Pty Ltd at Port Botany, NSW, in April 2018. The court was required to determine the appropriate penalties for these alleged breaches and whether the penalties agreed upon by the parties were within the permissible range.

The legal issues before the court included whether the agreed penalties were appropriate given the circumstances, and whether they fell within the permissible range as per the Fair Work Act 2009 (Cth). The court evaluated the penalties based on several factors, including the deliberate nature of the industrial action, the absence of contrition, the need for deterrence, and prior contraventions by the CFMMEU and Mr McAleer. The court also considered the significance of the agreement between the parties occurring shortly before the commencement of the proceedings.

The Federal Court concluded that the penalties agreed upon by the parties were appropriate. The court emphasised that the penalties should serve both as a general and specific deterrence. While the court acknowledged the prior contraventions and the positions held by the respondents, it found that the agreed penalties were within the permissible range and therefore should be imposed. The court also ordered declaratory relief in line with the parties' joint proposal.

The final orders included the imposition of a $30,000 penalty on the CFMMEU and a $6,000 penalty on Mr McAleer, to be paid within 30 days. The primary proceeding and the cross-claim were dismissed, and there was no order as to costs.