Lisette Pine v Expoconti Pty Ltd [2005] FCA 1434

FEDERAL COURT OF AUSTRALIA

Lisette Pine v Expoconti Pty Ltd [2005] FCA 1434 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 Federal Court of Australia Act 1976 (Cth), s 21 Workplace Relations Act 1996 (Cth) ss 4, 84, 187AA, 187AD, 187AF

CPSU v Telstra Corporation Ltd (2001) 108 IR 228, cited CFMEU v Coal & Allied Operations Pty Ltd (No 2) (1999) 94 IR 231, cited Pine v Multiplex Constructions (Vic) Pty Ltd [2005] FCA 1428, discussed Pine v Seelite Windows & Doors Pty Ltd [2005] FCA 500, cited Ponzio v Firebase Sprinkler Systems Pty Ltd [2005] FCA 733, followed Ponzio v D and E Air Conditioning Pty Ltd [2005] FCA 964, followed Ponzio v BVM Builders Pty Ltd [2005] FCA 238, discussed Pine v Austress Freyssinet (Vic) Pty Ltd [2005] FCA 583, referred to LISETTE PINE v EXPOCONTI PTY LTD (ACN 007 361 346) V 1508 of 2004 KENNY J 12 OCTOBER 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1508 OF 2005

BETWEEN: LISETTE PINE

APPLICANT

AND: EXPOCONTI PTY LTD

(ACN 007 361 346)

RESPONDENT

JUDGE: KENNY J

DATE OF ORDER: 12 OCTOBER 2005

WHERE MADE: MELBOURNE

THE COURT DECLARES THAT: 1. Pursuant to s 21 of the Federal Court of Australia Act 1976 (Cth), the respondent has contravened s 187AA of the Workplace Relations Act 1996 (Cth) by making a payment or payments to each of: (a) Leigh Bomford; (b) Angelo D'Andrea; (c) Josip Dujmovic; (d) Jason King; (e) Aaron Miller; (f) Adam Morrison; (g) Grant Munyard; (h) Andrew Nelson; (i) Adrian Osbourne; (j) Michael Quick; (k) Noel Sheane-Smith; (l) Gavin Sheane-Smith; (m) George Tsaples; (n) William Turis; and (o) Modesto Vieira for a period or periods on 5 and 6 August in which they engaged in industrial action. 2. Pursuant to s 21 of the Federal Court of Australia Act 1976 (Cth), the respondent has contravened s 187AA of the Workplace Relations Act 1996 (Cth) by making a payment or payments to each of: (p) Nathan Hicks; (q) Gary Beecroft; (r) Ivan Vrselja; (s) Toloumu Malota; (t) Momcilo Kosic; (u) Daniel Djokic; (v) Andrew Benn; (w) Brendan Hurd; (x) Joseph Rivera; (y) Vitali Voronov; (z) Jun Guo Liu; (aa) Li Wen Yu; and (bb) Fabio Stradiijot for a period or periods on 5 and 6 August in which they engaged in industrial action. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.