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Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCA 1269

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INDUSTRIAL LAW - contraventions of ss 343 and 348 of the Fair Work Act 2009 (Cth) - seriousness of contraventions - number of contraventions - where respondents were each found to have directly contravened ss 343 and 348 of the Fair Work Act 2009 (Cth) - whether a corporate body can be both directly and vicariously liable for the same conduct - effect of presumption in s 361 Fair Work Act 2009 (Cth) where respondents did not give evidence - where Commissioner relied on conduct of a non-party to fix liability to body corporate under s 793 Fair Work Act 2009 (Cth) - quantum of penalties - relevant considerations in determining appropriate penalty - declarations made and penalties determined

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