MX Constructions Pty Limited v ADCO Constructions Pty Limited [2004] FCA 193

The respondents contravened key provisions of the Workplace Relations Act 1996 (Cth) by attempting to coerce MX to enter an agreement and for a prohibited reason, and a $2,000 penalty is appropriate considering mitigating factors and legislative intent.

Jurisdiction: Australia
Judgment Date: 03 March 2004
Procedural Posture: Civil / Judgment
Outcome: Declarations made and penalty imposed.
Legal Topics: ['contraventions of the Workplace Relations Act' 'coercion Regarding Agreement Making' 'penalties in Industrial Law']

['employment Law' 'industrial Relations'] ['contraventions of the Workplace Relations Act' 'coercion Regarding Agreement Making' 'penalties in Industrial Law']

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Procedural Posture

Civil / Judgment

Legal Issues

1 ['Whether the respondents contravened s 170NC(1) of the Workplace Relations Act 1996 (Cth)' 'Whether the first respondent contravened s 298K(2) of the Act for a prohibited reason' 'Appropriate pecuniary penalty to be imposed']

Ratio Decidendi

Court Disposition

Declarations made and penalty imposed.

Orders

['Declaration that each respondent has contravened s 170NC(1) of the Workplace Relations Act 1996 (Cth).' 'Declaration that the first respondent has contravened s 298K(2) of the Act.' 'A penalty of $2,000 imposed on the first respondent under ss 170NF(2) and 298U(a)(i) of the Act.' 'Penalty to be paid into...