Alfred v Lanscar [2007] FCA 1001

Alfred v Lanscar [2007] FCA 1001

The admitted conduct involved deliberate breaches of clear legislative prohibitions in s.298S(2)(a) and s.298S(2)(b) of the pre-reform Workplace Relations Act 1996 (Cth). Having regard to the seriousness of the breaches, the CFMEU's prior record, and the applicable maximum penalties, the agreed penalties of $2,000 for the first respondent and $10,000 for the second respondent were within the range from which the Court would itself have selected a penalty, so the consent orders should be made.

Jurisdiction
Australia
Judgment Date
04 July 2007
Procedural Posture
Proceeding for Declarations and Penalties for Breaches of Part XA of the Workplace Relations Act 1996 (cth) / Judgment on Consent Declarations and Penalties After Respondents Withdrew Their Defence
Outcome
Consent declarations made and penalties imposed.
Legal Topics
['union Membership' 'discriminatory Conduct' 'advising, Encouraging or Inciting Discriminatory Action' 'coercion' 'agreed Civil Penalty']
['workplace Relations' 'industrial Law' 'civil Penalties'] ['union Membership' 'discriminatory Conduct' 'advising, Encouraging or Inciting Discriminatory Action' 'coercion' 'agreed Civil Penalty']

Case Brief

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Procedural Posture

Proceeding for Declarations and Penalties for Breaches of Part XA of the Workplace Relations Act 1996 (cth) / Judgment on Consent Declarations and Penalties After Respondents Withdrew Their Defence

Legal Issues

  1. 1 ['Whether the first respondent contravened s.298S(2)(a) of the pre-reform Workplace Relations Act 1996 (Cth) by advising, encouraging or inciting Papas Painting Contractors Pty Limited to refuse to make use of painting services offered by persons who were not members of the second respondent.' 'Whether the first respondent contravened s.298S(2)(b) of the pre-reform Workplace Relations Act 1996 (Cth) by intending to coerce Papas Painting Contractors Pty Limited to refuse to make use of painting services offered by employees who were not members of the second respondent.' 'Whether the second respondent contravened s.298S(2)(a) and s.298S(2)(b) of the pre-reform Workplace Relations Act 1996 (Cth) through the actions of the first respondent.' 'Whether the penalties agreed by the parties were within the range of penalties the Court would impose.']

Ratio Decidendi

The admitted conduct involved deliberate breaches of clear legislative prohibitions in s.298S(2)(a) and s.298S(2)(b) of the pre-reform Workplace Relations Act 1996 (Cth). Having regard to the seriousness of the breaches, the CFMEU's prior record, and the applicable maximum penalties, the agreed penalties of $2,000 for the first respondent and $10,000 for the second respondent were within the range from which the Court would itself have selected a penalty, so the consent orders should be made.

Court Disposition

Consent declarations made and penalties imposed.

Orders

  • ['The Court declared that the first respondent contravened s.298S(2)(a) of the pre-reform Workplace Relations Act 1996 (Cth).' 'The Court declared that the first respondent contravened s.298S(2)(b) of the pre-reform Workplace Relations Act 1996 (Cth).' 'The Court declared that by the actions of the first respondent,...