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Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2016] FCA 436

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INDUSTRIAL LAW - action taken or threatened with intent to coerce a person to engage in industrial activity - request for placement of union delegate on construction site - request refused - blockade of work site - threats to repeat blockade - principles relevant to penalty - proportionality of penalty to contravening conduct - relevance of contravener's individual circumstances to proportionality - purpose of penalties - whether a single course or multiple courses of conduct - seriousness of conduct - relevance of admissions - history of contraventions - general deterrence - specific deterrence - absence of contrition - principle of totality - power to order that penalty be paid by individual without reimbursement - power to restrain union from indemnifying union official against penalty - discretionary considerations - contravener's disregard of law - contravener's record of similar contraventions - difficulty of supervision - statutory conversion of penalty to debt - payment of penalties by union

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