Employment Advocate v National Union of Workers [2000] FCA 965

FEDERAL COURT OF AUSTRALIA

Employment Advocate v National Union of Workers [2000] FCA 965

INDUSTRIAL LAW – freedom of association under Part XA of the Workplace Relations Act 1996– penalty following breach – considerations to which the Court will have regard in determining whether contraventions justify penalty and, if so, the appropriate level of penalty Workplace Relations Act 1996 ss 170ML, 170MU, 298K, 298P, 298L, 298U, 396

Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v DMG Industries Pty Ltd [1999] FCA 735 Construction, Forestry, Mining & Energy Union v Coal and Allied Operations Pty Ltd [No. 2] [1999] FCA 1714; (1999) 94 IR 231 The Employment Advocate v National Union of Workers [2000] FCA 710 Australian Workers Union v Johnson Matthey (Aust) Ltd [2000] FCA 728

THE EMPLOYMENT ADVOCATE v NATIONAL UNION OF WORKERS & ANOR N867 OF 1997 EINFELD J SYDNEY 20 JULY 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N867 of 1997

BETWEEN: THE EMPLOYMENT ADVOCATE

Applicant

AND: THE NATIONAL UNION OF WORKERS

First Respondent

PETER ANDREW HEARNE

Second Respondent

JUDGE: EINFELD J

DATE OF ORDER: 20 JULY 2000

WHERE MADE: SYDNEY

THE COURT IMPOSES: 1. no penalty on the first respondent in respect of the contravention of Part XA of the Workplace Relations Act 1996 identified in the reasons for judgment of the Court of 29 May 2000 2. a penalty of four hundred dollars ($400) on the second respondent pursuant to section 298U(a) of the Workplace Relations Act 1996 in respect of the contravention of Part XA of the Act identified in the reasons for judgment of the Court of 29 May 2000 THE COURT ORDERS THAT: 3. the penalty be paid into the Consolidated Revenue Fund