Draffin v Construction, Forestry, Mining and Energy Union [2007] FCA 2011

FEDERAL COURT OF AUSTRALIA

Draffin v Construction, Forestry, Mining and Energy Union [2007] FCA 2011

JOHN WILLIAM DRAFFIN v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, STEVE ALLEN, GERARD BENSTEAD, BILL OLIVER AND WALTON CONSTRUCTION PTY LTD VID 221 OF 2007

RYAN J

10 DECEMBER 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 221 OF 2007

BETWEEN: JOHN WILLIAM DRAFFIN

Applicant

AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

First Respondent

STEVE ALLEN

Second Respondent

GERARD BENSTEAD

Third Respondent

BILL OLIVER

Fourth Respondent

WALTON CONSTRUCTION PTY LTD

Fifth Respondent

JUDGE: RYAN J

DATE OF ORDER: 10 DECEMBER 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Subject to the order made in paragraph 2: (a) a penalty of $40,000 be imposed on the fifth respondent for contravening s 45 of the Building and Construction Industry Improvement Act 2005 (Cth); and (b) a penalty of $10,000 be imposed on the fifth respondent for contravening s 298K(2)(d) of the Workplace Relations Act 1996 (Cth). 2. The fifth respondent is not obliged to pay one half of the said penalties if it has not been adjudged to have breached, within 12 months of the date of this order, any provision of the Building and Construction Industry Improvement Act 2005 (Cth) or, any freedom of association provision of the Workplace Relations Act 1996 (Cth). 3. Each party bear its own costs in relation to the proceeding. 4. One half of the above penalty be paid into the Consolidated Revenue Fund within 30 days. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA