“The High Court has today decisively determined that Courts can take into account the CFMMEU’s appalling record of law breaking when deciding upon the penalties for new breaches of the law.
“It is a very important judgment that will further the public interest. So far, the millions of dollars in fines that have been imposed on the CFMMEU have not led to it changing its recidivist ways.
“No-one is above the law and no organisation is entitled to pursue an industrial strategy without regard for the law. As the High Court has today stated: “Where it is evident that a contravention has occurred as a matter of industrial strategy pursued without regard for the law, it is open to a court ….. reasonably to conclude that no penalty short of the maximum would be appropriate”.
“The ABCC’s pursuit of this appeal to the High Court is to be commended. The ABCC is carrying out a vital role and there is no case for abolishing this essential agency.
