During the reporting period, the ABCC conducted 51 penalty proceedings before the courts. Eighteen of these were commenced between 1 July 2011 and 31 May 2012.

Twenty-eight cases were completed in the reporting period, twenty-five of those were successful.

Twenty-five proceedings were ongoing as at 31 May 2012.

Penalties imposed

In 2011-12, the Courts imposed a total of $1,235,900 in penalties, as shown in Table 2.25.

TABLE 2.22 RESULTS OF PROCEEDINGS 1 JULY 2011 – 31 MAY 2012

State

2011-12

Successful

25

Unsuccessful

2

Discontinued

1

Ongoing

25

Total

53

TABLE 2.23 VENUE OF PROCEEDINGS COMMENCED 1 JULY 2011 – 31 MAY 2012

Venue

2011-12

Federal Court

7

Federal Magistrates Court

11

AIRC / FWA

0

Total

18

TABLE 2.24 NATURE OF ALLEGATIONS OF PROCEEDINGS COMMENCED 1 JULY 2011 – 31 MAY 2012

Cases commenced

2011-12

Unlawful industrial action

10

Freedom of association

1

Coercion

1

Right of entry

0

Strike pay

0

Discrimination

0

Sham Contracting

5

Wages and entitlements

1

Non Compliance with Notices

0

Total

18

NOTE: EACH CASE IS COUNTED ONLY ONCE. WHERE A CASE INVOLVES MORE THAN ONE TYPE OF ALLEGATION THE TYPE OF ALLEGATION MOST CENTRAL TO THE PROCEEDINGS IS REPORTED.

TABLE 2.25 PENALTIES IMPOSED AS AT 31 MAY 2012

 

2011-12 ($)

Coercion

2,000

Strike pay

 

Unlawful industrial action

1,061,660

Freedom of association

19,240

Discrimination

 

Right of entry

60,500

Non-compliance with Notices

19,000

Sham Contracting

73,500

Total

1,235,900