Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia & Ors [2001] FCA 672

FEDERAL COURT OF AUSTRALIA

Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia & Ors [2001] FCA 672 INDUSTRIAL LAW – contravention of s 170NC of the Workplace Relations Act 1996 (Cth) – penalty – amount of penalty – matters to be taken into account – whether penalties should be paid to applicant or into Consolidated Revenue Workplace Relations Act 1996 (Cth) ss 170NC, 170NC(1), 170NF(7)(c) and 356 Seven Network (Operations) Ltd v CEPU [2001] FCA 456 – cited The Age Company Limited v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2000] FCA 1757 - cited Construction, Forestry, Mining and Energy Union v Coal & Allied Operations Pty Ltd (No 2) (1999) 94 IR 231 - cited Gibbs v The Mayor, Councillors and Citizens of the City of Altona (1992) 37 FCR 216 - cited SEVEN NETWORK (OPERATIONS) LIMITED v COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY INFORMATION, POSTAL PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA ("CEPU") AND OTHERS V 631 OF 2000 JUDGE: MERKEL J DATE: 5 JUNE 2001 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 631 OF 2000

BETWEEN: SEVEN NETWORK (OPERATIONS) LIMITED

APPLICANT

AND: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA ("CEPU")

FIRST RESPONDENT

DEAL J MIGHELL

SECOND RESPONDENT

ALEX McCALLUM

THIRD RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 5 JUNE 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. A penalty of $7,500 be imposed on the first respondent, the CEPU, for a contravention of s 170NC of the Workplace Relations Act 1996 (Cth) ("the Act"), such penalty to be paid to the applicant within 21 days. 2. A penalty of $1,500 be imposed on the second respondent, Mighell, for a contravention of s 170NC of the Act, such penalty to be paid to the applicant within 21 days. 3. A penalty of $500 be imposed on the third respondent, McCallum, for a contravention of s 170NC of the Workplace Relations Act 1996 (Cth), such penalty to be paid to the applicant within 21 days.