Hadgkiss v Sunland Constructions Pty Ltd [2007] FCA 346

Hadgkiss v Sunland Constructions Pty Ltd [2007] FCA 346

Mr Oskam, acting as an officer and representative of the third and fourth respondents, made false and misleading statements to three employees that they were obliged to join the unions in order to work at Sunland and that strike action would follow if they did not. This constituted a contravention of s 298SC of the Workplace Relations Act 1996 (Cth). The applicant was not required to prove intention. The third respondent (CFMEU) was liable under s 298B(2), and the fourth respondent (CFMEU Qld) liable by operation of s 298G as the conduct adversely affected Sunland as a constitutional corporation.

Parties
Applicant: Nigel Clive Hadgkiss; First Respondent: Sunland Constructions Pty Ltd; Second Respondent: Saeid Eshraghi; Third Respondent: Construction Forestry Mining and Energy Union; Fourth Respondent: Construction Forestry Mining and Energy Industrial Union of Employees Queensland; Fifth Respondent: Danny Michael Oskam
Jurisdiction
Australia
Judgment Date
14 March 2007
Procedural Posture
Civil / Judgment Following Hearing; Adjourned for Penalty, Compensation and Declaration Orders
Outcome
Proceedings adjourned for submissions on penalties, quantum of compensation, and terms of declarations.
Legal Topics
Freedom of Association, Industrial Associations, Union Membership Obligations, Misleading and Deceptive Conduct, Liability of Organisations and Officers, Proof of Intention, Adverse Action Against Constitutional Corporations
Workplace Relations Employment Law Freedom of Association Industrial Associations Union Membership Obligations Misleading and Deceptive Conduct Liability of Organisations and Officers Proof of Intention +1 more

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Parties

Nigel Clive Hadgkiss

Applicant

Sunland Constructions Pty Ltd

First Respondent

Saeid Eshraghi

Second Respondent

Construction Forestry Mining and Energy Union

Third Respondent

Construction Forestry Mining and Energy Industrial Union of Employees Queensland

Fourth Respondent

Danny Michael Oskam

Fifth Respondent

Procedural Posture

Civil / Judgment Following Hearing; Adjourned for Penalty, Compensation and Declaration Orders

Legal Issues

  1. 1 Whether false and misleading statements were made to employees about their obligation to join a union, in contravention of s 298SC of the Workplace Relations Act 1996 (Cth)
  2. 2 Whether intention is an element of contravention under s 298SC
  3. 3 Whether the union(s) are liable for the conduct of their officer/delegate

Ratio Decidendi

Mr Oskam, acting as an officer and representative of the third and fourth respondents, made false and misleading statements to three employees that they were obliged to join the unions in order to work at Sunland and that strike action would follow if they did not. This constituted a contravention of s 298SC of the Workplace Relations Act 1996 (Cth). The applicant was not required to prove intention. The third respondent (CFMEU) was liable under s 298B(2), and the fourth respondent (CFMEU Qld) liable by operation of s 298G as the conduct adversely affected Sunland as a constitutional corporation.

Court Disposition

Proceedings adjourned for submissions on penalties, quantum of compensation, and terms of declarations.

Orders

  • The proceedings be adjourned to a date to be fixed for argument on penalties, quantum of compensation and terms of declarations as to the conduct of the third and fourth respondents.