Cruse v Multiplex Limited [2008] FCAFC 179

FEDERAL COURT OF AUSTRALIA

Cruse v Multiplex Limited [2008] FCAFC 179

INDUSTRIAL RELATIONS – Trade union making claim for payment of wages for period of industrial action – Industrial action to coerce employer into making payment – Claim made and industrial action organised by shop stewards at workplace – Relevance of their knowledge as to whether their acts involved contraventions of law – Whether absence of evidence that they did know that their acts involved contraventions of law equivalent to evidence that they did not know – Whether distinction affected exercise of discretion in imposition of penalty – Relevance of union policy regarding reason for industrial action – Whether fact of acting in accordance with policy was mitigatory. PENALTY – Contravention by trade union of statutory prohibition upon claims for payment of wages for periods of industrial action and upon industrial action to enforce such claims – Claim made and industrial action organised by shop stewards at workplace – Relevance of their knowledge as to whether their acts involved contraventions of law – Whether absence of evidence that they did know that their acts involved contraventions of law equivalent to evidence that they did not know – Whether distinction affected exercise of discretion in imposition of penalty – Relevance of union policy regarding reason for industrial action – Whether fact of acting in accordance with policy was mitigatory. DECLARATIONS – Contested proceeding substantially settled by acceptance of applicant's case – Contraventions of statutory provisions admitted – Whether declarations recording details of contraventions should be made – Whether merely involved a record of parties' settlement – Utility of declarations in the circumstances. Workplace Relations Act 1996 (Cth), ss 187AA, 187AB Australian Competition and Consumer Commission v Francis [2004] FCA 487 (2004) 142 FCR 1 Australian Competition and Consumer Commission v High Adventure Pty Ltd [2005] FCAFC 247 Australian Competition and Consumer Commission v Midland Brick Co Pty Ltd (2004) 207 ALR 329 Carr v Higgins Coating Pty Ltd (2005) 148 IR 201 Pine v Multiplex Constructions (Vic) Pty Ltd [2005] FCA 1428 Pine v Seelite Windows & Doors Pty Ltd [2005] FCA 500 Ponzio v B & P Caelli Constructions Pty Ltd (2007) 158 FCR 543 Rural Press Limited v Australian Competition and Consumer Commission (2003) 216 CLR 53 WARREN CRUSE v MULTIPLEX LIMITED (ACN 008 687 063), CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, JOHN SETKA, GRANT THORSON, PETER JOHN COSTELLO, ALFIO DI VIRGILIO, MARK EDWARDS, JOSE ESTEVES, MAX HOOD, HUSEIN KARUPOVIC, JUSTIN NORMAN, NICKOLAS CON PAPANOTAS, STEVE SAVIC and ANTTI GREGORY BODNARUK