Furlong v Maxim Electrical Services (Aust) Pty Ltd (No 2) [2006] FCA 740

A penalty of $1,750 is appropriate for the admitted breach by Maxim Electrical Services (Vic) Pty Ltd of s 187AA of the Workplace Relations Act and non-observance of agreement clause, as parties agreed, given inadvertent breach and unlikely recurrence.

Jurisdiction: Australia
Judgment Date: 14 June 2006
Procedural Posture: Industrial Law / Penalty Determination Following Admitted Breach
Outcome: penalty imposed; declaration made
Legal Topics: ['industrial Action' 'strike Pay' 'certified Agreement Breach' 'workplace Relations Act Penalties']

['industrial Law' 'employment Law'] ['industrial Action' 'strike Pay' 'certified Agreement Breach' 'workplace Relations Act Penalties']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Industrial Law / Penalty Determination Following Admitted Breach

Legal Issues

1 ['Whether Maxim Electrical Services (Vic) Pty Ltd breached s 187AA of Workplace Relations Act by paying employees during industrial action' 'Whether Maxim Electrical Services (Vic) Pty Ltd breached the dispute resolution steps in the certified agreement']

Ratio Decidendi

Court Disposition

penalty imposed; declaration made

Orders

['Penalty of $1,750 imposed on Maxim Electrical Services (Vic) Pty Ltd for breach of s 187AA of the Workplace Relations Act 1996 (Cth).' 'Penalty to be paid to the Consolidated Revenue Fund within 21 days.' 'Declaration that Maxim Electrical Services (Vic) Pty Ltd breached the Maxim Electrical Services Pty Ltd...