The Age Company Ltd v Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union [2000] FCA 1757

The Age Company Ltd v Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union [2000] FCA 1757

Significant loss was caused by deliberate industrial action organised by the respondent unions in contravention of s 170NC, justifying penalties of $8,000 against AMWU and $6,000 against CEPU; no injunction was warranted due to insufficient risk of repetition.

Parties
Applicant: The Age Company Limited; First Respondent: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Second Respondent: Communications, Electrical and Plumbing Union of Australia
Jurisdiction
Australia
Judgment Date
06 December 2000
Procedural Posture
Application for Penalty and Injunction Under Industrial Law / Judgment on Penalty and Injunction After Admissions of Contravention
Outcome
Penalties imposed for contravention of s 170NC; injunction refused.
Legal Topics
Contravention of S 170 NC Workplace Relations Act, Industrial Action, Penalties for Unions, Injunction
Industrial Law Contravention of S 170 NC Workplace Relations Act Industrial Action Penalties for Unions Injunction

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Parties

The Age Company Limited

Applicant

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

First Respondent

Communications, Electrical and Plumbing Union of Australia

Second Respondent

Procedural Posture

Application for Penalty and Injunction Under Industrial Law / Judgment on Penalty and Injunction After Admissions of Contravention

Legal Issues

  1. 1 Whether penalty should be imposed for contravention of s 170NC of the Workplace Relations Act 1996 (Cth)
  2. 2 Whether an injunction should be granted to restrain further contraventions

Ratio Decidendi

Significant loss was caused by deliberate industrial action organised by the respondent unions in contravention of s 170NC, justifying penalties of $8,000 against AMWU and $6,000 against CEPU; no injunction was warranted due to insufficient risk of repetition.

Court Disposition

Penalties imposed for contravention of s 170NC; injunction refused.

Orders

  • A penalty of $8,000 be imposed on the first respondent for a contravention of s 170NC of the Workplace Relations Act 1996 (Cth), such penalty to be paid to the applicant within 21 days.
  • A penalty of $6,000 be imposed on the second respondent for a contravention of s 170NC of the Workplace Relations Act 1996 (Cth), such penalty to be paid to the applicant within 21 days.