Moranbah North Coal v Construction, Forestry, Mining and Energy Union [2002] FCA 738

Moranbah North Coal v Construction, Forestry, Mining and Energy Union [2002] FCA 738

Applicants failed to establish service of the Order on an officer of the CFMEU Mining & Energy Division, as required by the Order. Service of a facsimile copy to a Lodge President was insufficient; the term 'officer' as used in the Order must be interpreted as referring to divisional officers with powers of management, not Lodge officials.

Jurisdiction
Australia
Judgment Date
12 June 2002
Procedural Posture
Application for Penalty Order Under S 178 Workplace Relations Act 1996 (cth) / Judgment and Order
Outcome
application dismissed
Legal Topics
['breach of Order' 'service Requirements' 'definition of Officer' 'interpretation of Union Structure']
['industrial Law'] ['breach of Order' 'service Requirements' 'definition of Officer' 'interpretation of Union Structure']

Case Brief

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Procedural Posture

Application for Penalty Order Under S 178 Workplace Relations Act 1996 (cth) / Judgment and Order

Legal Issues

  1. 1 ['Whether requirements of personal service established by the Industrial Relations Commission Order were met by service of a facsimile copy' 'Whether a Lodge President of the respondent was an officer for purposes of the Order' 'Whether the Order was breached by the respondent']

Ratio Decidendi

Applicants failed to establish service of the Order on an officer of the CFMEU Mining & Energy Division, as required by the Order. Service of a facsimile copy to a Lodge President was insufficient; the term 'officer' as used in the Order must be interpreted as referring to divisional officers with powers of management, not Lodge officials.

Court Disposition

application dismissed

Orders

  • ['The application pursuant to s 178 of the Workplace Relations Act 1996 (Cth) for a penalty for breach of an order made under s 127 is dismissed.']