Hadgkiss v Construction Forestry Mining and Energy Union [2007] FCA 524

FEDERAL COURT OF AUSTRALIA

Hadgkiss v Construction Forestry Mining and Energy Union [2007] FCA 524 NIGEL CLIVE HADGKISS v SUNLAND CONSTRUCTIONS PTY LTD, SAEID ESHRAGHI, CONSTRUCTION FORESTRY MINING AND ENERGY UNION, CONSTRUCTION FORESTRY MINING AND ENERGY INDUSTRIAL UNION OF EMPLOYEES AND DANNY OSKAM QUD 546 OF 2005

KIEFEL J

26 MARCH 2007

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 546 OF 2005

BETWEEN: NIGEL CLIVE HADGKISS

Applicant

AND: SUNLAND CONSTRUCTIONS PTY LTD

First Respondent

SAEID ESHRAGHI

Second Respondent

CONSTRUCTION FORESTRY MINING AND ENERGY UNION

Third Respondent

CONSTRUCTION FORESTRY MINING AND ENERGY INDUSTRIAL UNION OF EMPLOYEES

Fourth Respondent

DANNY OSKAM

Fifth Respondent

JUDGE: KIEFEL J DATE OF ORDER: 26 MARCH 2007

WHERE MADE: BRISBANE

THE COURT DECLARES THAT:

1. The third and fourth respondents have each engaged in conduct in contravention of s 298SC of the Workplace Relations Act 1996 (Cth), as it stood at September 2004, by their representative making false and misleading representations to three employees of the first respondent in September 2004, that the employees were obliged to join the third and fourth respondents in order to work for the first respondent. THE COURT ORDERS THAT: 2. Pursuant to s 298U(a) of the Workplace Relations Act 1996 (Cth): (a) The third respondent pay a penalty of $6000; (b) The fourth respondent pay a penalty of $3000; (c) The fifth respondent pay a penalty of $300; within twenty-eight days in respect of their contraventions of s 298SC of the Act. 3. The penalties payable in accordance with the preceding order are to be paid into the consolidated revenue fund. 4. Pursuant to s 298U(c) of the Workplace Relations Act 1996 (Cth) that the third and fourth respondents pay the following compensation: (a) to Robert Holz the sum of $200; (b) to Cameron Dann the sum of $200; and (c) to Dean Angus the sum of $50; within twenty-eight days and that their solicitor file an affidavit concerning that compliance forthwith upon payment being made. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA