Metropolitan Fire and Emergency Services Board v United Firefighters' Union of Australia [2005] FCA 1231

FEDERAL COURT OF AUSTRALIA

Metropolitan Fire and Emergency Services Board v United Firefighters' Union of Australia [2005] FCA 1231

INDUSTRIAL LAW – Contravention of order under s 127 of Workplace Relations Act 1996 (Cth) – whether penalty can be imposed under s 178 in addition to injunction – whether publication of bulletins constituting more than one act proscribed by order under s 127 constitutes more than one breach – whether alleged contraventions a single breach of the proscription in the order – quantum of penalty – factors to be considered – effect of increase in maximum penalty prescribed by relevant section – whether union official attracts separate personal liability for acts done in contravention of order specifically addressed to the union and "officials, delegates, employees and agents" of the union. Workplace Relations Act 1996 (Cth) ss 4(1), 88A, 127, 143, 170JA, 170JB, 170JC, 170JD, 170ND, 170NF, 170NG, 178 and 356 Josephson v Walker (1914) 18 CLR 691 Construction, Forestry, Mining and Energy Union v Gordonstone Coal Management Pty Ltd (1997) 78 FCR 437 Byrne v Australian Airlines (1995) 185 CLR 410 BHP Steel (AIS) Pty Limited v Construction, Forestry, Mining and Energy Union [2000] FCA 1908 (21 December 2000) Construction, Forestry, Mining and Energy Union v Coal & Allied Operations Pty Ltd (No 2) (1999) 94 IR 231 Australian Nursing Federation v Alcheringa Hostel Inc (2004) 136 FCR 530 Victoria University of Technology v Australian Education Union (1999) 91 IR 96 Hamilton v Whitehead (1988) 166 CLR 121 Mallan v Lee (1949) 80 CLR 198 Wesfarmers Premier Coal Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (No 2) (2004) 138 IR 362 METROPOLITAN FIRE AND EMERGENCY SERVICES BOARD v UNITED FIREFIGHTERS' UNION OF AUSTRALIA and PETER MARSHALL VID 384 of 2005 RYAN J 5 SEPTEMBER 2005 MELBOURNE