Construction Forestry Mining & Energy Union of Australia v Inspector Alfred [2004] FCAFC 36

FEDERAL COURT OF AUSTRALIA

Construction Forestry Mining & Energy Union of Australia v Inspector Alfred [2004] FCAFC 36

INDUSTRIAL LAW – Proceeding against a registered employee organisation and individual respondents – Order for imposition of penalty sought against the organisation but not the individual respondents – Whether the respondents should be exempted from filing a defence upon the basis of avoiding self-exposure to a penalty. Workplace Relations Act 1996 (Cth), ss 170NC, 170ND, 170NF, 170NG

Refrigerated Express Lines (A/Asia) Pty Ltd v Australian Meat and Live-stock Corporation (1974) 42 FLR 204, approved

Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission [2002] HCA 49, (2002) 77 ALJR 40, 192 ALR 561 cited

Trade Practices Commission v Abbco Iceworks Pty Limited (1994) 52 FCR 96, followed

Rich v The Australian Securities & Investments Commission [2003] NSWCA 342, referred to

R v Deputy Commissioner of Taxation; Ex parte Briggs (1987) 13 FCR 389, disapproved

Microsoft Corporation v CX Computer Pty Ltd [2002] FCA 3; (2002) 116 FCR 372, approved

Oretek Ltd v Australian Securities & Investments Commission [2003] WASCA 113, followed

Australian Competition and Consumer Commission v FFE Building Services [2003] FCAFC 132, referred to

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, PETER ZABOYAK and DAVID KELLY v INSPECTOR GREGORY CHARLES ALFRED, WALTER CONSTRUCTION GROUP LIMITED and JOHN STORER N1511 of 2003 WILCOX, MOORE and MARSHALL JJ 27 FEBRUARY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1511 of 2003

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA

FIRST APPELLANT

PETER ZABOYAK