In 2013-14, FWBC commenced 25 penalty proceedings. This is nearly double the amount from the previous financial year due to the enhanced investigatory and litigation focus in 2013-14. Penalty proceedings have centred on coercion, right of entry and unlawful industrial action matters.

In 2013-14, the Courts imposed a total of $2,262,350 in penalties. The penalties for unlawful industrial action accounted for 62% of the total penalties imposed during the year.

Table 2.18 details the results of proceedings as at 30 June 2014.

Table 2.19 details the penalties imposed as at 30 June 2014 broken down into allegation type.

Table 2.20 shows where FWBC has brought proceedings, listed by year the proceeding commenced.

Table 2.21 details the nature of allegations of proceedings commenced by FWBC. The 2013-14 financial year witnessed a significant spike in right of entry breaches. Right of entry was the second highest category (31%) behind coercion (38%).

Table 2.18 Results of Proceedings as at 30 June 2014
Results of Proceedings 2012-13 2013-14
Successful 10 17
Unsuccessful 0 0
Discontinued 4 2
Total 14 19
Table 2.19 Penalties Imposed as at 30 June 2014
Penalties Imposed 2012-13 2013-14
Unlawful Industrial Action $91,400 $1,419,610
Coercion $175,000 $405,960
Freedom of Association $8,580 $0
Right of entry $0 $38,500
Strike Pay $0 $0
Discrimination $0 $0
Sham Contracting $21,880 $200,640
Pay and Entitlements $1,800 $189,720
Other $150,000 $7,920
Total $448,660 $2,262,350
Suspended $0 $387,250
Table 2.20 Venue of Proceedings Commenced By FWBC
Venue of Court Proceedings 2012-13 2013-14
Federal Court 7 19
Federal Circuit Court 6 6
Total 13 25
Table 2.21 Nature of Allegations of Proceedings Commenced By FWBC(1)
Nature of Allegations of Proceedings 2012-13 2013-14
Unlawful Industrial Action 4 31% 2 8%
Coercion 3 23% 10 40%
Freedom of Association 0 0% 0 0%
Right of entry 0 0% 8 32%
Strike Pay 0 0% 0 0%
Discrimination 0 0% 0 0%
Sham Contracting 1 8% 1 4%
Non Compliance with Notices 0 0% 1 4%
Pay and Entitlements 4 31% 3 12%
Total 13 100% 25 100%

(1) 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 selected.