Ponzio v BVM Builders Pty Ltd [2005] FCA 238

FEDERAL COURT OF AUSTRALIA

Ponzio v BVM Builders Pty Ltd [2005] FCA 238 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 Workplace Relations Act 1996 (Cth) ss 4, 84, 187AA, 187AD, 187AF Workplace Relations Act 1996 (Cth) reg 96 Masters v Highway One Transport Pty Ltd (1990) 33 IR 1 referred to Peat v Oxley Airlines Ltd (1991) 40 IR 96 referred to GARY PONZIO v BVM BUILDERS PTY LTD (ACN 007 333 726) V 1494 of 2004 KENNY J 15 MARCH 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1494 OF 2004

BETWEEN: GARY PONZIO

APPLICANT

AND: BVM BUILDERS PTY LTD

(ACN 007 333 726)

RESPONDENT

JUDGE: KENNY J

DATE OF ORDER: 15 MARCH 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. A penalty of $200 is imposed on the respondent in respect of contravention of s 187AA of the Workplace Relations Act 1996 (Cth) on 5 and 6 August 2003. 2. Such penalty be paid into the Consolidated Revenue Fund. 3. Such penalty be payable forthwith to the District Registrar of this Court in Melbourne 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

VICTORIA DISTRICT REGISTRY V 1494 OF 2004

BETWEEN: GARY PONZIO

APPLICANT

AND: BVM BUILDERS PTY LTD

(ACN 007 333 726)

RESPONDENT

JUDGE: KENNY J

DATE: 15 MARCH 2005

PLACE: MELBOURNE