Pine v Casello Constructions Pty Ltd [2005] FCA 1854

Pine v Casello Constructions Pty Ltd [2005] FCA 1854

The respondent admitted paying employees during periods of industrial action, thereby contravening s 187AA(1) of the Workplace Relations Act 1996 (Cth). However, given the circumstances of the stoppages, the respondent's reliance on the head contractor's lead, its later compliance steps, its cooperation and early acknowledgment, and the legal costs already incurred, the Court considered that a declaration should be made but no monetary penalty imposed.

Jurisdiction
Australia
Judgment Date
23 November 2005
Procedural Posture
Applications Under S 187 Ad(1)(a) of the Workplace Relations Act 1996 (cth) / Reasons for Judgment and Orders
Outcome
Declaration made; no penalty imposed.
Legal Topics
['payment During Industrial Action' 'contravention of S 187 Aa(1) of the Workplace Relations Act 1996 (cth)' 'civil Penalty' 'general Deterrence']
['workplace Relations' 'industrial Law'] ['payment During Industrial Action' 'contravention of S 187 Aa(1) of the Workplace Relations Act 1996 (cth)' 'civil Penalty' 'general Deterrence']

Case Brief

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Procedural Posture

Applications Under S 187 Ad(1)(a) of the Workplace Relations Act 1996 (cth) / Reasons for Judgment and Orders

Legal Issues

  1. 1 ['Whether the respondent contravened s 187AA(1) of the Workplace Relations Act 1996 (Cth) by paying employees for periods in which they engaged in industrial action.' 'What penalty, if any, should be imposed for the admitted contravention.']

Ratio Decidendi

The respondent admitted paying employees during periods of industrial action, thereby contravening s 187AA(1) of the Workplace Relations Act 1996 (Cth). However, given the circumstances of the stoppages, the respondent's reliance on the head contractor's lead, its later compliance steps, its cooperation and early acknowledgment, and the legal costs already incurred, the Court considered that a declaration should be made but no monetary penalty imposed.

Court Disposition

Declaration made; no penalty imposed.

Orders

  • ['The Court declares, pursuant to s.21 of the Federal Court Australia Act 1976 (Cth), that the respondent contravened s187AA of the WR Act by making payment to specified employees for periods on 5 August 2003 and on 5 and 6 August 2003 in which they engaged in industrial action.' 'No monetary penalty imposed.']