Pine v Multiplex Constructions (Vic) Pty Ltd [2005] FCA 1428

Pine v Multiplex Constructions (Vic) Pty Ltd [2005] FCA 1428

A penalty should be imposed on Multiplex, as the head contractor, for paying employees during periods of industrial action in contravention of s 187AA, particularly since Multiplex knowingly maintained an unlawful practice, and distinguishing it from previously lenient cases, warranting a total penalty of $4000.

Jurisdiction
Australia
Judgment Date
11 October 2005
Procedural Posture
Civil / Penalty Determination After Admission of Contravention
Outcome
Penalty imposed on first respondent for admitted contravention
Legal Topics
['penalties for Contravention' 'payments to Employees During Industrial Action']
['industrial Law'] ['penalties for Contravention' 'payments to Employees During Industrial Action']

Case Brief

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Procedural Posture

Civil / Penalty Determination After Admission of Contravention

Legal Issues

  1. 1 ['Whether penalty should be imposed for admitted contravention of s 187AA of the Workplace Relations Act 1996 (Cth)' 'Appropriate penalty amount for contravention']

Ratio Decidendi

A penalty should be imposed on Multiplex, as the head contractor, for paying employees during periods of industrial action in contravention of s 187AA, particularly since Multiplex knowingly maintained an unlawful practice, and distinguishing it from previously lenient cases, warranting a total penalty of $4000.

Court Disposition

Penalty imposed on first respondent for admitted contravention

Orders

  • ['A penalty of $4000.00 be imposed on the first respondent in respect of contraventions of s 187AA of the Workplace Relations Act 1996 (Cth) in relation to periods of industrial action on 5 and 6 August 2003.' 'The penalty be payable within 21 days of the date of judgment to the District Registrar of the Federal...