Recent Cases

Australian Building and Construction Commissioner v Australian Workers’ Union [2022] FCAFC 143 (29 August 2022) (Moshinsky, O’Callaghan and Snaden JJ)


Catchwords:


INDUSTRIAL LAW – civil penalties – admitted contraventions of s 475(2) of the Fair Work Act 2009 (Cth) – admitted contraventions of s 46 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) – where primary judge imposed penalties by reference to certain principles stated by the Full Court of the Federal Court – where the judgment of the Full Federal Court was overturned by the High Court of Australia after the primary judge gave judgment in the present matter – where the respondent conceded that, in light of the judgment of the High Court, the primary judge erred – where both parties submitted that the Full Court in this matter should re-exercise the discretion to impose penalties