Event and Time
Event Description
On 1 September 2022, the Australian Building and Construction Commissioner filed an application in the Federal Circuit and Family Court of Australia against Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Wendel Moloney for contraventions of the Fair Work Act 2009 (Cth). Subsequently, the Fair Work Ombudsman took over the application. The dispute involved agreed pecuniary penalties for the alleged contraventions that occurred on a construction site managed by Probuild Constructions Pty Ltd.
Application and Claims
- Applicant: Australian Building and Construction Commissioner (later taken over by Fair Work Ombudsman - FWO).
- Respondents: CEPU, Wendel Moloney.
- Claims:
- Allegations of contraventions of the Fair Work Act 2009. - Imposition of pecuniary penalties due to these contraventions.
Judicial Decisions
- Wendel Moloney was ordered to pay a pecuniary penalty of $3,200.
- CEPU was ordered to pay a pecuniary penalty of $24,000.
- Both penalties were to be paid to the Commonwealth of Australia within 28 days.
- No order as to costs was made.
- The court reserved the right to amend orders for typographical or grammatical errors.
Dispute Points and Legal Basis
Dispute Points
- Claimants' Argument:
- Conduct of CEPU and Wendel Moloney constituted breaches of the Fair Work Act, justifying the imposition of penalties. - The penalties were negotiated and agreed upon by consent but needed judicial endorsement for appropriateness.
- Respondents' Counterarguments:
- The responses from CEPU and Moloney focused on the context of the alleged contraventions and attempted to mitigate the penalties based on their adherence to industry standards or their intent during the incidents.