Pine v Seelite Windows & Doors Pty Ltd [2005] FCA 500

Pine v Seelite Windows & Doors Pty Ltd [2005] FCA 500

Seelite Windows & Doors Pty Ltd contravened s 187AA by paying wages to four employees for periods on 5 and 6 August 2003 when they had engaged in industrial action, but no pecuniary penalty should be imposed because the contravention was inadvertent, caused no harm, involved an insignificant amount of wages, was unlikely to recur after corrective steps, and no specific or general deterrent purpose would be served. The appropriate disposition was a declaration of contravention only.

Jurisdiction
Australia
Judgment Date
29 April 2005
Procedural Posture
Application for Imposition of a Pecuniary Penalty Under S 187 Ad(1) of the Workplace Relations Act 1996 (cth) for Contravention of S 187 AA / Final Judgment and Declaration
Outcome
Declaration made that the respondent contravened s 187AA; no pecuniary penalty imposed.
Legal Topics
['payment of Wages During Industrial Action' 'pecuniary Penalties' 'prosecutorial Discretion' 'declaration of Contravention']
['workplace Relations' 'industrial Law'] ['payment of Wages During Industrial Action' 'pecuniary Penalties' 'prosecutorial Discretion' 'declaration of Contravention']

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Procedural Posture

Application for Imposition of a Pecuniary Penalty Under S 187 Ad(1) of the Workplace Relations Act 1996 (cth) for Contravention of S 187 AA / Final Judgment and Declaration

Legal Issues

  1. 1 ['Whether Seelite Windows & Doors Pty Ltd contravened s 187AA of the Workplace Relations Act 1996 (Cth) by paying wages to employees during periods when they engaged in industrial action.' 'Whether a pecuniary penalty should be imposed under s 187AD(1) for the contravention.']

Ratio Decidendi

Seelite Windows & Doors Pty Ltd contravened s 187AA by paying wages to four employees for periods on 5 and 6 August 2003 when they had engaged in industrial action, but no pecuniary penalty should be imposed because the contravention was inadvertent, caused no harm, involved an insignificant amount of wages, was unlikely to recur after corrective steps, and no specific or general deterrent purpose would be served. The appropriate disposition was a declaration of contravention only.

Court Disposition

Declaration made that the respondent contravened s 187AA; no pecuniary penalty imposed.

Orders

  • ['The Court declares that Seelite Windows & Doors Pty Ltd contravened s 187AA of the Workplace Relations Act 1996 (Cth) when it paid wages to Graeme Bell, Martin Van Der Weele, Jay Hutchinson and Darrell Brownbill for the periods on 5 and 6 August 2003 when they had engaged in industrial action.']