Pine v Austress Freyssinet (Vic) Pty Ltd (ACN 089 766 576) [2005] FCA 583

Pine v Austress Freyssinet (Vic) Pty Ltd (ACN 089 766 576) [2005] FCA 583

The respondent made payments to four employees for periods on 5 and 6 August 2003 when they had engaged in industrial action, contrary to s 187AA. The conduct was at the lower end of culpability because the respondent customarily withheld payment for industrial action, had no alleged prior convictions, did not contest the allegations, and the payments arose from unusual timesheet and management circumstances. A penalty of $200 for each contravention, totalling $800, was appropriate; the declaration sought had no utility and was not made.

Jurisdiction
Australia
Judgment Date
05 May 2005
Procedural Posture
Application for Imposition of Penalties Under S 187 AD of the Workplace Relations Act 1996 (cth) and for a Declaration of Contraventions of S 187 AA / Judgment on Agreed Facts
Outcome
Penalty imposed on the respondent; declaration not made.
Legal Topics
['strike Pay' 'industrial Action' 'contraventions of Workplace Relations Act 1996 (cth) S 187 Aa' 'penalty Assessment']
['employment and Industrial Law' 'civil Penalties'] ['strike Pay' 'industrial Action' 'contraventions of Workplace Relations Act 1996 (cth) S 187 Aa' 'penalty Assessment']

Case Brief

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Procedural Posture

Application for Imposition of Penalties Under S 187 AD of the Workplace Relations Act 1996 (cth) and for a Declaration of Contraventions of S 187 AA / Judgment on Agreed Facts

Legal Issues

  1. 1 ['Whether the respondent contravened s 187AA of the Workplace Relations Act 1996 (Cth) by making payments to employees for periods during which they engaged in industrial action.' 'What penalty, if any, should be imposed under s 187AD of the Workplace Relations Act 1996 (Cth).' 'Whether a declaration of contravention should be made.']

Ratio Decidendi

The respondent made payments to four employees for periods on 5 and 6 August 2003 when they had engaged in industrial action, contrary to s 187AA. The conduct was at the lower end of culpability because the respondent customarily withheld payment for industrial action, had no alleged prior convictions, did not contest the allegations, and the payments arose from unusual timesheet and management circumstances. A penalty of $200 for each contravention, totalling $800, was appropriate; the declaration sought had no utility and was not made.

Court Disposition

Penalty imposed on the respondent; declaration not made.

Orders

  • ['A penalty of $800.00 is imposed on the respondent in respect to its contraventions of s 187AA of the Workplace Relations Act 1996 (Cth) on 5 and 6 August 2003.' 'Such penalty be paid into the consolidated revenue fund.' 'The penalty be paid within 21 days to the District Registrar of the Court in Melbourne.']