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Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (Boggo Road Cross River Rail Case) [2023] FCA 507

Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (Boggo Road Cross River Rail Case) [2023] FCA 507

INDUSTRIAL LAW – appeal against quantum of penalties – where respondent conceded three grounds of appeal – where primary judge erred in finding homophobic conduct – appeal allowed – redetermination of penalties – where conduct was deliberate and churlish – where discount for utilitarian value of admissions and co-operation – where second and third appellants involved in other contraventions – where first appellant is a recidivist offender – where first appellant is large and well-resourced – where revocation of second and third appellants’ permits relevant


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