CPSU, The Community and Public Sector Union v Telstra Corporation Limited [2001] FCA 1364

FEDERAL COURT OF AUSTRALIA

CPSU, The Community and Public Sector Union v Telstra

Corporation Limited

[2001] FCA 1364

INDUSTRIAL LAW –contraventions of s 298K of the Workplace Relations Act 1996 (Cth) – penalty to be imposed – factors to be taken into account – whether penalty should be paid to union Workplace Relations Act 1996 (Cth) ss 298K(1), 298U, 347, 356 Australian Competition and Consumer Commission v ABB Transmission and Distribution Limited [2001] FCA 383 - applied Automotive, Food, Engineering, Printing and Kindred Industries Union v DMG Industries Pty Ltd (2000) 102 IR 175 – followed CPSU, The Community and Public Sector Union v Telstra Corporation Limited (2000) 99 IR 238 – referred to CPSU, The Community and Public Sector Union v Telstra Corporation Limited [2001] FCA 813 – referred to Gibbs v The Major, Councillors and Citizens of the City of Altona (1992) 37 FCR 216 – referred to Maritime Union of Australia v Geraldton Port Authority (No 2) (2000) 94 IR 404 - followed Municipal Officers Association of Australia v City of Bayswater (1987) 22 IR 45 - applied R v Thompson (1975) 11 SASR 217 - applied Seymour v Stawell Timber Industries Pty Ltd (1985) 13 IR 289 - applied Telstra Corporation Limited v The Community and Public Sector Union (2001) 107 FCR 93 – referred to CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS, AUSTRALIA, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA and PROFESSIONAL OFFICERS' ASSOCIATION (VICTORIA) v TELSTRA CORPORATION LIMITED V 194 of 2000 JUDGE: FINKELSTEIN J PLACE: MELBOURNE DATE: 26 SEPTEMBER 2001 IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 194 of 2000

BETWEEN: CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS, AUSTRALIA, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA and PROFESSIONAL OFFICERS' ASSOCIATION (VICTORIA)