Cruse v Construction, Forestry, Mining & Energy Union (No 2) [2008] FCA 1637

Cruse v Construction, Forestry, Mining & Energy Union (No 2) [2008] FCA 1637

A penalty of $4,000 was imposed on the Union for vicarious breach of s 170NC due to significant breach of coercion in enterprise bargaining, while no monetary penalty was imposed for breaches of s 298SC given unusual circumstances, lack of prior contraventions, and evidence of educative effect; declarations sufficed for some breaches by the shop steward.

Jurisdiction
Australia
Judgment Date
05 November 2008
Procedural Posture
Industrial Law Proceedings / Penalty and Order Determination Following Liability Judgment
Outcome
Penalty imposed on Union for vicarious breach; declarations made; proceeding otherwise dismissed; matter adjourned for costs determination.
Legal Topics
['freedom of Association' 'enterprise Bargaining Agreements' 'union Vicarious Liability' 'penalties for Statutory Breaches']
['industrial Law'] ['freedom of Association' 'enterprise Bargaining Agreements' 'union Vicarious Liability' 'penalties for Statutory Breaches']

Case Brief

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Procedural Posture

Industrial Law Proceedings / Penalty and Order Determination Following Liability Judgment

Legal Issues

  1. 1 ['Whether penalties should be imposed for breaches of ss 170NC and 298SC of the Workplace Relations Act 1996 (Cth)' 'Appropriate level of penalties' 'Vicarious liability of the Union for acts of its shop steward']

Ratio Decidendi

A penalty of $4,000 was imposed on the Union for vicarious breach of s 170NC due to significant breach of coercion in enterprise bargaining, while no monetary penalty was imposed for breaches of s 298SC given unusual circumstances, lack of prior contraventions, and evidence of educative effect; declarations sufficed for some breaches by the shop steward.

Court Disposition

Penalty imposed on Union for vicarious breach; declarations made; proceeding otherwise dismissed; matter adjourned for costs determination.

Orders

  • ['A penalty of $4,000 is imposed on the First Respondent for breach of s 170NC of the Workplace Relations Act 1996 (Cth), to be paid into Consolidated Revenue within 21 days.' "It is declared that the First Respondent breached s 298SC of the WR Act as a result of the Fourth Respondent making a false or misleading...