Hadgkiss v Blevin [2004] FCA 917

FEDERAL COURT OF AUSTRALIA

Hadgkiss v Blevin [2004] FCA 917

INDUSTRIAL LAW – Workplace Relations Act 1996 (Cth) – Part XA Freedom of Association – fixing of penalty following breach – compensation to dissenting employee – refund of Union fees

Workplace Relations Act 1996 (Cth) ss 298U(a) and (c) and 329

Construction, Forestry, Mining and Energy Union v Coal and Allied Operations Pty Limited (No 2) (1999) 94 IR 231

NIGEL HADGKISS AS DELEGATE OF THE EMPLOYMENT ADVOCATE v ALAN BLEVIN, JOSEPH McGAHAN AND CONSTRUCTION FORESTRY MINING AND ENERGY UNION N 414 OF 2003 CONTI J 13 JULY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 414 OF 2003

BETWEEN: NIGEL HADGKISS AS DELEGATE OF THE EMPLOYMENT ADVOCATE

APPLICANT

AND: ALAN BLEVIN

FIRST RESPONDENT

JOSEPH McGAHAN

SECOND RESPONDENT

CONSTRUCTION FORESTRY MINING AND ENERGY UNION

THIRD RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 13 JULY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The first respondent pay the applicant a penalty of $1,100.00 in respect of conduct in contravention of Part XA of the Workplace Relations Act 1996 (Cth) ('the Act'). 2. The second respondent pay the applicant a penalty of $1,100.00 in respect of conduct in contravention of Part XA of the Act. 3. The third respondent pay the applicant a penalty of $5,500.00 in respect of conduct in contravention of Part XA of the Act. 4. The third respondent pay Bakkante Constructions Pty Ltd the sum of $193.63. 5. The first, second and third respondent pay Mr Conrado de los Reyes jointly and severally the sum of $1.093.43.

6. Each sum in orders 1-5 is to be paid by bank cheque to the Australian Government Solicitor for subsequent remission to the respective parties entitled thereto. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.