Ponzio v Multiplex Limited [2005] FCA 1410

FEDERAL COURT OF AUSTRALIA

Ponzio v Multiplex Limited [2005] FCA 1410

INDUSTRIAL LAW – alleged contravention of s 170NC of the Workplace Relations Act 1996 (Cth) – whether action taken with intent to coerce sub-contractor to enter into agreement with a union – whether action could be described as coercive – whether "other action" in s 170NC only concerned with the conduct of parties to the bargaining process – absence of agreement a substantial and operative factor in the decision to exclude sub-contractor

EVIDENCE – admissibility of recorded conversation and interviews – whether evidence obtained illegally or improperly – whether evidence obtained in contravention of s 6(1) of the Surveillance Devices Act 1999 (Vic)

Workplace Relations Act 1996 (Cth) ss 3(c), 170L, 170NC Evidence Act 1995 (Cth) s 138 Surveillance Devices Act 1999 (Vic) ss 3, 6(1)

Kartinyeri v Commonwealth of Australia (1998) 195 CLR 337, cited Al-Kateb v Godwin (2004) 208 ALR 124, [2004] HCA 37, cited Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia (2001) 184 ALR 73, [2001] FCA 456, followed Hanley v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2000) 100 FCR 530, applied Laing v Construction, Forestry, Mining and Energy Union [2005] FCA 765, considered National Tertiary Education Industry Union v Commonwealth of Australia (2002) 117 FCR 114, followed Minister for Immigration and Multicultural and Indigenous Affairs v SZANS [2005] FCAFC 41, applied GARY PONZIO v MULTIPLEX LIMITED VID 381 OF 2004 MARSHALL J 5 OCTOBER 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 381 OF 2004

BETWEEN: GARY PONZIO

APPLICANT

AND: MULTIPLEX LIMITED