Full Court Minute Books

Case M65/2017

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

Case No.


Case Information

Lower Court Judgment

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

[2016] FCAFC 184


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


12/05/2017 Hearing (SLA, Canberra)

25/05/2017 Notice of appeal

16/06/2017 Written submissions (Appellant)

16/06/2017 Chronology (Appellant)

07/07/2017 Written submissions (Respondents)

21/07/2017 Reply

05/09/2017 Hearing (Full Court, Melbourne) - VACATED

17/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

14/02/2018 Judgment (Judgment Summary)