Furlong v Maxim Electrical Services (Aust) Pty Ltd (No 3) [2006] FCA 1705

Furlong v Maxim Electrical Services (Aust) Pty Ltd (No 3) [2006] FCA 1705

The Union admitted that it organised or engaged in industrial action on 6 August 2003 with intent to coerce Pratt and Maxim (Vic) to pay employees for time not worked on 5 August 2003, thereby breaching s 187AB(1)(b), and admitted non-compliance with clause 13 of the Maxim Electrical Services Pty Ltd Enterprise Agreement 2000-2003. Although no harm was done, recurrence was unlikely, the Union had no previous breach of s 187AB or certified agreement, it had incurred substantial expense, and it had adopted a new policy, the breach was deliberate and the admissions came relatively late. A penalty of $1750 was therefore appropriate for the statutory breach, but no additional penalty was...

Jurisdiction
Australia
Judgment Date
29 November 2006
Procedural Posture
Industrial Law Proceeding for Declarations and Pecuniary Penalties / Judgment on Agreed Breach and Penalty
Outcome
Penalty imposed on the third respondent; declaration made; proceeding otherwise dismissed without adjudication of its merits concerning the fourth, fifth and sixth respondents.
Legal Topics
['industrial Action' 'coercion to Make Payment for Period of Industrial Action' 'certified Agreement Dispute Settlement Procedure' 'pecuniary Penalties']
['industrial Law'] ['industrial Action' 'coercion to Make Payment for Period of Industrial Action' 'certified Agreement Dispute Settlement Procedure' 'pecuniary Penalties']

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Procedural Posture

Industrial Law Proceeding for Declarations and Pecuniary Penalties / Judgment on Agreed Breach and Penalty

Legal Issues

  1. 1 ['Whether the Union breached s 187AB(1)(b) of the Workplace Relations Act 1996 (Cth) by organising or engaging in industrial action with intent to coerce payment to employees for a period during which they engaged in industrial action and did not work.' 'Whether the Union breached the Maxim Electrical Services Pty Ltd Enterprise Agreement 2000-2003 by failing to comply with the dispute settlement clause.' 'What penalty or other orders should be made in consequence of the admitted breaches.']

Ratio Decidendi

The Union admitted that it organised or engaged in industrial action on 6 August 2003 with intent to coerce Pratt and Maxim (Vic) to pay employees for time not worked on 5 August 2003, thereby breaching s 187AB(1)(b), and admitted non-compliance with clause 13 of the Maxim Electrical Services Pty Ltd Enterprise Agreement 2000-2003. Although no harm was done, recurrence was unlikely, the Union had no previous breach of s 187AB or certified agreement, it had incurred substantial expense, and it had adopted a new policy, the breach was deliberate and the admissions came relatively late. A penalty of $1750 was therefore appropriate for the statutory breach, but no additional penalty was...

Court Disposition

Penalty imposed on the third respondent; declaration made; proceeding otherwise dismissed without adjudication of its merits concerning the fourth, fifth and sixth respondents.

Orders

  • ['A penalty of $1750 be imposed on the third respondent for breach of s 187AB of the Workplace Relations Act 1996 (Cth).' 'The penalty so imposed be paid to the Consolidated Revenue Fund within 21 days.' 'It is declared that the third respondent committed a breach or non-observance of the Maxim Electrical Services...