Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia & Ors [2001] FCA 672

Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia & Ors [2001] FCA 672

The respondents each committed a single contravention of s 170NC(1) arising out of one course of coercive and unlawful conduct, justifying penalties approaching the maximum. Matter was sufficiently serious, and penalties are to be paid to the applicant as the directly affected party.

Parties
Applicant: Seven Network (Operations) Limited; First Respondent: Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia ("CEPU"); Second Respondent: Deal J Mighell; Third Respondent: Alex McCallum
Jurisdiction
Australia
Judgment Date
05 June 2001
Procedural Posture
Industrial Law Penalty Proceedings / Penalty and Orders
Outcome
Penalties imposed for contravention of s 170NC(1), to be paid to the applicant.
Legal Topics
Contravention of S 170 NC Workplace Relations Act, Penalty Assessment, Payment of Penalties, Factors Relevant to Penalty
Industrial Law Contravention of S 170 NC Workplace Relations Act Penalty Assessment Payment of Penalties Factors Relevant to Penalty

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Seven Network (Operations) Limited

Applicant

Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia ("CEPU")

First Respondent

Deal J Mighell

Second Respondent

Alex McCallum

Third Respondent

Procedural Posture

Industrial Law Penalty Proceedings / Penalty and Orders

Legal Issues

  1. 1 Appropriate penalty for contravention of s 170NC of the Workplace Relations Act 1996 (Cth)
  2. 2 Whether penalties should be paid to applicant or into Consolidated Revenue

Ratio Decidendi

The respondents each committed a single contravention of s 170NC(1) arising out of one course of coercive and unlawful conduct, justifying penalties approaching the maximum. Matter was sufficiently serious, and penalties are to be paid to the applicant as the directly affected party.

Court Disposition

Penalties imposed for contravention of s 170NC(1), to be paid to the applicant.

Orders

  • A penalty of $7,500 be imposed on the first respondent, CEPU, for contravention of s 170NC, to be paid to the applicant within 21 days.
  • A penalty of $1,500 be imposed on the second respondent, Mighell, for contravention of s 170NC, to be paid to the applicant within 21 days.