Dorber v Construction, Forestry, Mining & Energy Union [2005] FCA 1565
The evidence did not establish that the respondents intended to coerce Mar Gra into making a certified agreement; their actions were directed to ensuring contractual obligations regarding workers' entitlements were met, and therefore the contraventions alleged under s 170NC were not made out.
- Jurisdiction
- Australia
- Judgment Date
- 04 November 2005
- Procedural Posture
- Application / Judgment
- Outcome
- application dismissed
- Legal Topics
- ['industrial Action' 'coercion' 'enterprise Agreements' "workers' Entitlements"]
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application / Judgment
Legal Issues
- 1 ['whether threats or actions were taken with intent to coerce a subcontractor to enter into an enterprise agreement' "whether threats or actions were directed to ensuring payment of workers' income protection, superannuation and redundancy entitlements"]
Ratio Decidendi
The evidence did not establish that the respondents intended to coerce Mar Gra into making a certified agreement; their actions were directed to ensuring contractual obligations regarding workers' entitlements were met, and therefore the contraventions alleged under s 170NC were not made out.
Court Disposition
application dismissed
Orders
- ['The application is dismissed.']
Full Case Text
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