Hadgkiss v Aldin (No 2) [2007] FCA 2069

FEDERAL COURT OF AUSTRALIA Hadgkiss v Aldin (No 2) [2007] FCA 2069 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 – penalties suspended in part – whether declarations should be made by reference to deemed admissions.

Building and Construction Industry Improvement Act 2005 (Cth), s 38 Workplace Relations Act 1996 (Cth), s 127 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd [2007] FCAFC 146 discussed Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2006) 236 ALR 665 applied Bank of Kuwait and the Middle East v The Ship MV "Mawashi Al Gasseem" (No 2) [2007] FCA 815 applied British American Tobacco Australasia Limited v The Person Identified by the Australian Customs Service as "Gory Sabar" [2007] FCA 1417 referred to Hadgkiss v Aldin [2007] FCA 2068 referred to Macquarie Bank Ltd v Seagle (2005) 146 FCR 400 cited Wu v Avin Operations Pty Ltd [2006] FCA 36 cited NIGEL HADGKISS v GORDON WILLIAM ALDIN WAD 185 OF 2006

GILMOUR J

20 DECEMBER 2007

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 185 OF 2006

BETWEEN: NIGEL HADGKISS

Applicant

AND: GORDON WILLIAM ALDIN

Respondent

JUDGE: GILMOUR J

DATE OF ORDER: 20 DECEMBER 2007

WHERE MADE: PERTH

UPON THE ADMISSIONS WHICH THE 2nd, 3rd, 83rd AND 92nd RESPONDENTS ARE DEEMED TO HAVE MADE CONSEQUENT UPON THEIR NON-COMPLIANCE WITH ORDERS OF THE COURT IT IS DECLARED THAT: 1. Between 24 February 2006 and 3 March 2006 (the Period), the 2nd, 3rd, 83rd and 92ndrespondents contravened s 38 of the Building and Construction Industry Improvement Act 2005 (Cth) by engaging in unlawful industrial action (being failure to attend for building work) on 24, 25, 27, 28 February 2006, 1, 2 and 3 March 2006, in relation to the construction of the New Metro Rail City Project – Package F section of the Perth to Mandurah railway project. 2. During the Period, the 2nd and 3rd respondents breached clause 4 of the order made on 6 December 2005 under s 127 of the Workplace Relations Act 1996 (Cth) by Commissioner Gregor of the Australian Industrial Relations Commission (the s 127 order) which required them to immediately stop, and not engage in or threaten to engage in industrial action, when on the 24, 25, 27, 28 February 2006, 1, 2 and 3 March 2006 they engaged in industrial action during the construction of the New Metro Rail City Project – Package F section of the Perth to Mandurah railway project.