Carr v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 1802

FEDERAL COURT OF AUSTRALIA

Carr v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 1802 INDUSTRIAL LAW – certified agreement – threats to induce – determination of penalty

Workplace Relations Act 1996 (Cth) s 170NC Director of Public Prosecutions v Merriman [1973] AC 584 applied Mill v The Queen (1988) 166 CLR 59 applied DENNIS JAMES CARR v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION, ALE MULIPOLA, FERGAL EIFFE, IAN THOMAS and STEVE MANSOUR VID 916 of 2004 FINKELSTEIN J 13 DECEMBER 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 916 of 2004

BETWEEN: DENNIS JAMES CARR

Applicant

AND: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION,

ALE MULIPOLA,

FERGAL EIFFE,

IAN THOMAS and

STEVE MANSOUR

Respondents

JUDGE: FINKELSTEIN J

DATE OF ORDER: 4 NOVEMBER 2005

WHERE MADE: MELBOURNE

THE COURT DECLARES THAT: 1. On 11, 14, 18 and 26 June 2003 the first respondent, Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, contravened s 170NC of the Workplace Relations Act 1996 (Cth). 2. On 11, 14, 18 and 26 June 2003 the second respondent, Ale Mulipola, contravened s 170NC of the Workplace Relations Act 1996 (Cth). 3. On 14 June 2003 the third respondent, Fergal Eiffe, contravened s 170NC of the Workplace Relations Act 1996 (Cth). 4. On 26 June 2003 the fourth respondent, Ian Thomas, contravened s 170NC of the Workplace Relations Act 1996 (Cth). 5. On 26 June 2003 the fifth respondent, Steve Mansour, contravened s 170NC of the Workplace Relations Act 1996 (Cth). THE COURT ORDERS THAT: 6. A penalty of $25,000 be imposed on the first respondent, to be paid as follows: (a) $20,000 to Direct Solutions (Australia) Pty Ltd trading as Engineering Directions; and (b) $5,000 in to the Consolidated Revenue Fund. 7. A penalty of $1,000 be imposed on the second respondent and be paid in to the Consolidated Revenue Fund. 8. A penalty of $600 be imposed on the third respondent and be paid in to the Consolidated Revenue Fund. 9. A penalty of $400 be imposed on the fourth respondent and be paid in to the Consolidated Revenue Fund. 10. A penalty of $400 be imposed on the fifth respondent and be paid in to the Consolidated Revenue Fund. 11. The parties have 21 days from the date reasons are published in this matter to appeal. 12. There be liberty to apply, in relation to the method of payment of the penalties only. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.