Coochey v Commonwealth of Australia [2005] FCA 1165

FEDERAL COURT OF AUSTRALIA

Coochey v Commonwealth of Australia [2005] FCA 1165 INDUSTRIAL LAW - certified agreements – provisions as to redeployment and retrenchment – breaches established. INDUSTRIAL LAW – whether Commonwealth 'body corporate' for purpose of penalty provisions to Workplace Relations Act 1996. Acts Interpretation Act 1901 (Cth) Judiciary Act 1903 (Cth) Trade Practices Act 1974 (Cth) Workplace Relations Act 1996 (Cth) CFMEU v Coal & Allied Operations Pty Ltd (No. 2) [1999] FCA 1714; (2000) 47 AILR 4-215 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Community and Public Sector Union v Telstra Corp Ltd [2001] FCA 1364; (2001) 108 IR 228 Newcastle City Council v GIO General Ltd (1997) 191 CLR 85 Workcover NSW v Police Services of NSW (2000) 50 NSWLR 333 JOHN COOCHEY v COMMONWEALTH OF AUSTRALIA A 30 OF 2002 MADGWICK J 24 AUGUST 2005 SYDNEY (HEARD IN CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A 30 OF 2002

DISTRICT REGISTRY

BETWEEN: JOHN COOCHEY

APPLICANT

AND: COMMONWEALTH OF AUSTRALIA

RESPONDENT

JUDGE: MADGWICK J.

DATE OF ORDER: 24 AUGUST 2005

WHERE MADE: SYDNEY (HEARD IN CANBERRA)

THE COURT ORDERS THAT: 1. A penalty of $8,000 be imposed on the respondent in respect of the first breach. 2. A penalty of $100 be imposed on the respondent in respect of the second breach. 3. In each case the penalties are to be paid to the applicant within twenty-one days.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 30 OF 2002

BETWEEN: JOHN COOCHEY

APPLICANT

AND: COMMONWEALTH OF AUSTRALIA

RESPONDENT

JUDGE: MADGWICK J.