Full Court Minute Books

Case B45/2015

Construction, Forestry, Mining and Energy Union & Anor v. Director, Fair Work Building Industry Inspectorate & Anor

Case No.


Related matter

B36/2015 - Commonwealth of Australia v. Director, Fair Work Building Industry Inspectorate & Ors

Case Information

Lower Court Judgment

1/05/2015 Federal Court of Australia (Dowsett J, Greenwood J, Wigney J)

[2015] FCAFC 59


Procedure – Civil penalty provisions – Where respondent alleged that the appellants contravened the Building and Construction Industry Improvement Act 2005 (Cth) – Where respondent sought pecuniary penalties and associated declaratory relief against the appellants– Whether the High Court of Australia’s decision in Barbaro v The Queen affects submissions made regarding civil penalties.

Short Particulars


06/08/2015 Hearing (SLA, Canberra)

10/08/2015 Notice of appeal

03/09/2015 Written submissions (Appellants)

03/09/2015 Chronology (Appellants)

22/09/2015 Written submissions (Second Respondent)

24/09/2015 Written submissions (First Respondent)

13/10/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

09/12/2015 Judgment (Judgment summary)