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%).
Results of Proceedings | 2012-13 | 2013-14 |
---|---|---|
Successful | 10 | 17 |
Unsuccessful | 0 | 0 |
Discontinued | 4 | 2 |
Total | 14 | 19 |
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 |
Venue of Court Proceedings | 2012-13 | 2013-14 |
---|---|---|
Federal Court | 7 | 19 |
Federal Circuit Court | 6 | 6 |
Total | 13 | 25 |
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.