Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Hadgkiss v Aldin [2007] FCA 2068
INDUSTRIAL LAW – breaches of s 38 Building and Construction Industry Improvement Act 2005 (Cth) by unlawful industrial action – breaches of order made under s 127 (pre-reform) Workplace Relations Act 1996 (Cth) by unlawful industrial action – whether penalties should be suspended in whole or in part and for how long – whether declarations should be made explaining basis of imposition of penalties – principles of cumulation, concurrence and totality in fixing penalties – whether declarations should be made by reference to admitted facts.
Building and Construction Industry Improvement Act 2005 (Cth),ss 3, 5, 36, 37, 38 and 49 Crimes Act 1914 (Cth), s 4C Workplace Relations Act 1996 (Cth), ss 127, 178, 187AA, 187AB, 298K, 643(1) Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Workplace Regulations 2006 (Cth), reg 2.19
ACCC v Dataline.Net.Au Pty Ltd (2006) 236 ALR 665 applied Australian Competition and Consumer Commission (ACCC) v IPM Operations Maintenance Loy Yang Pty Ltd (No 2) [2007] FCA 11 referred to BHP Steel (AIS) Pty Ltd v CFMEU [2000] FCA 1908 referred to Construction, Forestry, Mining and Energy Union v Coal and Allied Operations Pty Ltd (No.2) (1999) 94 IR 231 applied Finance Sector Union v Commonwealth Bank of Australia (2005) 224 ALR 467 cited Leighton Contractors Pty Ltd v Construction, Forestry, Mining and Energy Union [2006] WASC 317 referred to Metropolitan Fire and Emergency Services Board v United Firefighters' Union of Australia(2005) 148 IR 242 applied Mill v R (1988) 166 CLR 59 cited Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 referred to Pearce v R (1998) 156 ALR 684 applied Ponzio v B & P Caelli Constructions Pty Ltd (2007) 158 FCR 543 discussed Rural Press Ltd v Australian Competition and Consumer Commission (2003) 216 CLR 53 applied The Community and Public Sector Union (CPSU) v Telstra Corporation Ltd (2001) 108 IR 228 cited Trade Practices Commission v CSR Ltd (1991) ATPR ¶41-076 applied Trade Practices Commission v Pye Industries Sales Pty Ltd (1978) ATPR ¶40-089 cited Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc (No 2) (1993) 41 FCR 89 applied
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate