Construction, Forestry, Mining & Energy Union v Coal & Allied Operations Pty Ltd (No 2) [1999] FCA 1714

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining & Energy Union v Coal & Allied Operations Pty Ltd (No. 2) [1999] FCA 1714

INDUSTRIAL LAW – Workplace Relations Act 1996 (Cth) – Part XA Freedom of Association – fixing of penalty following breach – whether to be paid into Consolidated Revenue Fund or to particular organisation or person Workplace Relations Act 1996 (Cth) ss 298U, 356 Gibbs v City of Altona (1992) 37 FCR 216, followed Municipal Officers Association of Australia v City of Bayswater (1987) 22 IR 45, cited CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v COAL AND ALLIED OPERATIONS PTY LTD (No. 2) NG 778 of 1998 BRANSON J SYDNEY 9 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 778 of 1998

BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

Applicant

AND: COAL AND ALLIED OPERATIONS PTY LTD

Respondent

JUDGE: BRANSON J

DATE OF ORDER: 9 DECEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The respondent pay a penalty of $2,000 in respect of conduct in contravention of Part XA of the Workplace Relations Act 1996 (Cth) ("the Act"), namely the issuing of a written warning to Allan Burford in respect of his absence from work on 5 December 1997. 2. The respondent pay a penalty of $500 in respect of conduct in contravention of Part XA of the Act, namely the issuing of a written warning to Stephen Burke in respect of his absence from work on 5 December 1997. 3. The respondent pay a penalty of $1,000 in respect of conduct in contravention of Part XA of the Act, namely the issuing of a written warning to Allan Bromage in respect of his absence from work on 5 May 1998. 4. Each penalty be paid to the applicant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.