Automative, Food, Metals, Engineering, Printing & Kindred Industries Union v DMG Industries Pty Ltd [2000] FCA 1492

FEDERAL COURT OF AUSTRALIA

Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v DMG Industries Pty Ltd [2000] FCA 1492

INDUSTRIAL LAW - contraventions of ss298K and 298M of the Workplace Relations Act 1996 (Cth) - determination of penalty to be imposed - factors to be taken into account when determining penalty - whether appropriate for penalty to be paid to an individual or to the applicant organisation Workplace Relations Act 1996 (Cth)ss298K, 298M, 298T, 298U, 356(b) Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v DMG Industries Pty Ltd (1999) 89 IR 360, [1999] FCA 735 referred to

BHP Iron Ore Pty Ltd v Australian Workers' Union (2000) 171 ALR 680, [2000] FCA 430 applied

Construction, Forestry, Mining & Energy Union v Coal & Allied Operations Pty Ltd (No 2) (1999) 94 IR 231, [1999] FCA 1714 followed

The Australian Workers Union v Johnson Matthey (Aust) Ltd [2000] FCA 728 referred to

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

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION v DMG INDUSTRIES PTY LTD (ACN 004 771 046) V 532 of 1999 MARSHALL J MELBOURNE 27 OCTOBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 532 of 1999

BETWEEN: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION

APPLICANT

AND: DMG INDUSTRIES PTY LTD

(ACN 004 771 046)

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 27 OCTOBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. A penalty of $500 be imposed on the respondent for contravention of Part XA of the Act in respect of its threat to Mr Anand in the circumstances referred to in the reasons for judgment herein.

2. A penalty of $8,500 be imposed on the respondent for contravention of Part XA of the Act in respect of its threat to Mr Periyappa made in breach of s298M of the Act.