Recent Cases

Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Palmerston Police Station Case) [2021] FCAFC 7 (04 February 2021) (Katzmann, Griffiths and Bromwich JJ)


INDUSTRIAL LAW— appeal against quantum of pecuniary penalties for contraventions of s 500 of Fair Work Act 2009 (Cth) — where penalties imposed on appellant union a higher proportion of the maximum penalties for each contravention than those imposed on its officials, whether penalties manifestly excessive — whether reliance on appellant’s history of contraventions indicates that the sentencing discretion miscarried — whether primary judge misapplied parity principle