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The Federal Court of Australia rules against submissions on agreed penalties (Fair Work Building Industry Inspectorate / Construction, Forestry, Mining and Energy Union)

Julie Clarke
e-Competitions Bulletin March 2015, Art. N° 73596



On 1 May 2015 the Full Court of the Federal Court of Australia ruled that it was not permissible for parties to make joint submissions as to the appropriate ‘pecuniary penalty’ to be imposed: Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 (1 May 2015) (CFMEU). This decision has significant implications for the existing common practice of the Australian Competition and Consumer Commission (ACCC) and respondents to make agreed joint submissions as to appropriate pecuniary penalties in competition law cases.