Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia & Ors [2001] FCA 456

Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia & Ors [2001] FCA 456

The CEPU, Mighell and McCallum threatened industrial action with actual knowledge their conduct was coercive, intended to negate Seven Network's choice in favour of a local agreement, and exerted pressure which was unlawful or illegitimate given the action threatened was not protected under the Act. Applicant failed to show entitlement to declaratory relief on notices initiating bargaining period as Div 2 Pt VIB permits a union with at least one eligible member to initiate bargaining for all employees.

Jurisdiction
Australia
Judgment Date
26 April 2001
Procedural Posture
Civil / Reasoned Judgment – Adjournment for Submissions on Breaches and Penalty
Outcome
Breach of s 170NC(1) established against all respondents; further hearing adjourned for submissions on penalty and multiplicity of breaches; declaratory relief application dismissed.
Legal Topics
['protected Industrial Action' 'union Membership Eligibility' 'intent to Coerce Under Workplace Relations Act' 'personal Liability of Union Officers' 'declaratory Relief']
['industrial Law'] ['protected Industrial Action' 'union Membership Eligibility' 'intent to Coerce Under Workplace Relations Act' 'personal Liability of Union Officers' 'declaratory Relief']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Reasoned Judgment – Adjournment for Submissions on Breaches and Penalty

Legal Issues

  1. 1 ['Whether threats of industrial action contravened s 170NC(1) of the Workplace Relations Act as coercive conduct' 'Whether intention for action to be protected action is a defence to breach' 'Validity of CEPU’s initiation of bargaining period for employees not eligible to be members' 'Personal liability of union officers for union actions']

Ratio Decidendi

The CEPU, Mighell and McCallum threatened industrial action with actual knowledge their conduct was coercive, intended to negate Seven Network's choice in favour of a local agreement, and exerted pressure which was unlawful or illegitimate given the action threatened was not protected under the Act. Applicant failed to show entitlement to declaratory relief on notices initiating bargaining period as Div 2 Pt VIB permits a union with at least one eligible member to initiate bargaining for all employees.

Court Disposition

Breach of s 170NC(1) established against all respondents; further hearing adjourned for submissions on penalty and multiplicity of breaches; declaratory relief application dismissed.

Orders

  • ["Further hearing of applicant's application for declaratory relief and penalties adjourned to a date to be fixed." 'Application for declaratory relief in respect of s 170MI notices to be dismissed when final orders made.']