Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Employment Advocate v Barclay Mowlem Construction Limited [2005] FCA 431 INDUSTRIAL LAW – Workplace Relations Act 1996 (Cth) – Part XA Freedom of Association – fixing of penalty following breach – matters to be considered – inferences to be drawn from particular evidence
Workplace Relations Act 1996 (Cth) s 298K, s 298U, s 298V, s 356
Construction, Forestry, Mining & Energy Union v Coal & Allied Operations Pty Ltd (No 2) (1999) 94 IR 231 applied Weissensteiner v R (1993) 178 CLR 217 cited NIGEL HADGKISS ACTING AS DELEGATE OF THE EMPLOYMENT ADVOCATE v BARCLAY MOWLEM CONSTRUCTION LIMITED ACN 009 830 460 NSD 2497 of 2003 BRANSON J 19 APRIL 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2497 of 2003
BETWEEN: NIGEL HADGKISS ACTING AS DELEGATE OF THE EMPLOYMENT ADVOCATE
APPLICANT
AND: BARCLAY MOWLEM CONSTRUCTION LIMITED ACN 009 830 460
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 19 APRIL 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. A penalty of $6000 be imposed on the respondent for contravening s 298K(2)(d) of the Workplace Relations Act 1996 (Cth) by refusing on or about 29 November 2002 to engage Robson Excavations Pty Limited as an independent contractor.
2. The penalty referred to in par [1] hereof be paid into the Consolidated Revenue Fund within twenty‑eight days of the date of these orders.
3. The proceeding be otherwise dismissed.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2497 of 2003
BETWEEN: NIGEL HADGKISS ACTING AS DELEGATE OF THE EMPLOYMENT ADVOCATE
APPLICANT
AND: BARCLAY MOWLEM CONSTRUCTION LIMITED ACN 009 830 460
RESPONDENT
JUDGE: BRANSON J
DATE: 19 APRIL 2005
PLACE: SYDNEY
REASONS FOR JUDGMENT
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