Construction, Forestry, Mining & Energy Union v Coal & Allied Operations Pty Ltd (No 2) [1999] FCA 1714

Construction, Forestry, Mining & Energy Union v Coal & Allied Operations Pty Ltd (No 2) [1999] FCA 1714

Penalties were appropriate because the respondent committed three contraventions of Part XA, the conduct was not trivial or merely technical, had potential to affect the employees significantly by making them more vulnerable to dismissal, and was conduct of senior management. However, the conduct was not at the serious end of possible contraventions, flowed from deficiencies in management practice and was not undertaken in deliberate disregard of the Act, so modest penalties were imposed. Because the contraventions affected the legitimate interests of the applicant and its members, and there was no reason to depart from the usual order, the penalties were ordered to be paid to the applicant.

Jurisdiction
Australia
Judgment Date
09 December 1999
Procedural Posture
Industrial Law Proceeding Under Part XA of the Workplace Relations Act 1996 (cth) / Determination of Penalty and Recipient of Penalty Following Findings of Contraventions
Outcome
Penalties imposed on the respondent for three contraventions of Part XA of the Workplace Relations Act 1996 (Cth), with each penalty payable to the applicant.
Legal Topics
['workplace Relations Act 1996 (cth) Part Xa' 'freedom of Association' 'civil Penalties' 'payment of Penalties']
['industrial Law'] ['workplace Relations Act 1996 (cth) Part Xa' 'freedom of Association' 'civil Penalties' 'payment of Penalties']

Case Brief

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Procedural Posture

Industrial Law Proceeding Under Part XA of the Workplace Relations Act 1996 (cth) / Determination of Penalty and Recipient of Penalty Following Findings of Contraventions

Legal Issues

  1. 1 ['Whether penalties should be imposed for three contraventions of Part XA of the Workplace Relations Act 1996 (Cth).' 'What amounts of penalty were appropriate in all the circumstances.' 'Whether the penalties should be paid into the Consolidated Revenue Fund or to the applicant.']

Ratio Decidendi

Penalties were appropriate because the respondent committed three contraventions of Part XA, the conduct was not trivial or merely technical, had potential to affect the employees significantly by making them more vulnerable to dismissal, and was conduct of senior management. However, the conduct was not at the serious end of possible contraventions, flowed from deficiencies in management practice and was not undertaken in deliberate disregard of the Act, so modest penalties were imposed. Because the contraventions affected the legitimate interests of the applicant and its members, and there was no reason to depart from the usual order, the penalties were ordered to be paid to the applicant.

Court Disposition

Penalties imposed on the respondent for three contraventions of Part XA of the Workplace Relations Act 1996 (Cth), with each penalty payable to the applicant.

Orders

  • ['The respondent pay a penalty of $2,000 in respect of conduct in contravention of Part XA of the Workplace Relations Act 1996 (Cth), namely the issuing of a written warning to Allan Burford in respect of his absence from work on 5 December 1997.' 'The respondent pay a penalty of $500 in respect of conduct in...