Clarke v Baulderstone Hornibrook Pty Ltd [2003] FCA 1426

FEDERAL COURT OF AUSTRALIA

Clarke v Baulderstone Hornibrook Pty Ltd [2003] FCA 1426 WORKPLACE RELATIONS – payments in relation to periods of industrial action – payment by employer to an employee in relation to a period during which the employee engaged in industrial action while the employee was a member of an organisation – contravention admitted – breach admitted – circumstances in mitigation – institution of procedures to prevent further breaches – no weight given to Royal Commission findings of further contraventions by respondent – penalty fixed Workplace Relations Act 1996 (Cth) ss 187AA, 187AA(1), 187AA(3), 187AC, 187AC(2)(c), 187AD Workplace Relations Regulations reg 32B Royal Commission into the Building and Construction Industry, Final Report, 24 February 2003 R v Collins; Ex parte ACTU-Solo Enterprises Pty Ltd (1976) 8 ALR 691 applied MARCUS CLARKE v BAULDERSTONE HORNIBROOK PTY LTD W194 of 2003 RD NICHOLSON J 5 DECEMBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W194 OF 2003

BETWEEN: MARCUS CLARKE

APPLICANT

AND: BAULDERSTONE HORNIBROOK PTY LTD

(ACN 002 625 130)

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 5 DECEMBER 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. A penalty of $1000 is imposed on the respondent in respect of contravention of s 187AA of the Workplace Relations Act 1996 (Cth) on 16 September 2001. 2. Such penalty be paid into the Consolidated Revenue Fund. 3. Such penalty be payable forthwith to the District Registrar of this Court in Perth by way of a cheque payable to the Consolidated Revenue Fund. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA