Australian Building and Construction Commissioner v. Construction, Forestry, Mining and Energy Union & Anor

Lower Court Judgment

21/12/2016 Federal Court of Australia (Allsop CJ, North J, Jessup J)

[2016] FCAFC 184

Catchwords

Industrial law – Fair Work Act 2009 (Cth) – Where respondents admitted contravention of s 348 of the Act – Where pecuniary penalties imposed on respondents – Where primary judge ordered first respondent not to indemnify second respondent against penalties – Where Full Federal Court set aside order on basis that Court had no power to make such order – Whether Federal Court has power to order party not to indemnify another party in respect of pecuniary penalty order made under s 546.

Short particulars