Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, KEANE, NETTLE AND GORDON JJAUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER  APPELLANTANDCONSTRUCTION, FORESTRY, MINING AND ENERGY UNION & ANOR  RESPONDENTSAustralian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] HCA 314 February 2018M65/2017ORDER1.Leave is granted for the appellant to amend the notice of appeal in the manner set out in the proposed amended notice of appeal exhibited to the affidavit of Brendan Charles dated 10 November 2017.2.The appellant pay the first and second respondents' costs of, and incidental to, the application to amend the notice of appeal.3.Appeal allowed.4.Set aside order 2 of the orders made by the Full Court of the Federal Court of Australia on 21 December 2016 and, in its place, order that orders 7 to 13 of Mortimer J made on 13 May 2016 be set aside.5.Remit the matter to the Full Court of the Federal Court of Australia for the re‑imposition of penalties according to law.On appeal from the Federal Court of Australia RepresentationT M Howe QC with C J Tran for the appellant (instructed by Sparke Helmore)R M Doyle SC with J D Watson for the respondents (instructed by Slater & Gordon)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSAustralian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union Industrial law – Pecuniary penalties – Where union official contravened civil remedy provision of Fair Work Act 2009 (Cth) – Where union contravened civil remedy...