McIlwain v Ramsey Food Packaging Pty Ltd (No. 4) [2006] FCA 1302

FEDERAL COURT OF AUSTRALIA

McIlwain v Ramsey Food Packaging Pty Ltd (No. 4) [2006] FCA 1302

INDUSTRIAL LAW – Consideration of the assessment of compensation pursuant to s 298U of the Workplace Relations Act 1996 (Cth) in respect of contraventions of s 298K – consideration of the assessment of a penalty pursuant to s 298U – consideration of whether a penalty so ordered ought to be paid to the individuals affected by the conduct – consideration of the scope of declarations to be made.

Workplace Relations Act 1996 (Cth) Industrial Relations Act 1988 (Cth) Financial Management and Accountability Act 1997 (Cth) Financial Management and Accountability Regulations 1997 (Cth) Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Workplace Relations Regulations 2006 (Cth) Financial Framework Legislation Amendment Act 2005 (Cth)

McIlwain v Ramsey Food Packaging Pty Ltd [2006] FCA 828 Cited McIlwain v Ramsey Food Packaging Pty Ltd (No. 3) [2006]FCA 994 Cited Australian Municipal Administrative Clerical Services Union v Greater Dandenong City Council (No. 2) [2001] FCA 1076 Cited Burazin v Blacktown City Guardian Pty Ltd (1996/1997) 142 ALR 144 Cited Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia v ACI Operations Pty Ltd [2006] FCA 122 Cited Aitken v Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia (Western Australian Branch) (1995) 63 IR 1 Cited Fryar v System Services Pty Ltd (1996) 137 ALR 321 Cited Constructions, Forestry, Mining, and Energy Union v Coal and Allied Operations Pty Ltd (1999) 94 IR 231 Quoted Finance Sector Union v The Commonwealth Bank of Australia [2005] FCA 1847 Quoted Australian Workers Union v Johnson Matthey (Aust) Inc [2000] FCA 728 Cited Employment Advocate v National Union of Workers (2000) 99 IR 376 Cited Automotive, Food, Engineering, Printing and Kindred Industries Union v DMG Industries Pty Ltd (2000) 102 IR 175 Cited Australian Nursing Federation & Ors v Alcheringa Hostel Inc (2004) 136 FCR 530 Cited Alfred v Walter Construction Group Ltd [2005] FCA 497 Cited Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 2) (2005) 215 ALR 281 Cited Gibbs v City of Altona (1988) 42 IR 255 Quoted Employees Federation of Australia v General Motors Holden Pty Ltd (1977) 32 FLR 100Cited Electrical Trade Union of Australia v Sims Products Ltd C/A Bifco Batteries (1988) 42 IR 250 Cited Australian Federation of Air Pilots v Skywest Airlines Pty Ltd (1996) 70 IR 284 Quoted CFMEU v Coal and Allied Operations Pty Ltd (No 2) (1999) 94 IR 231 Quoted Automotive, Food, Metals, Engineering, Printing and Kindred Industry Union v DMG Industries Pty Ltd (1999) 89 IR 360 Cited