Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cruse v Construction, Forestry, Mining & Energy Union (No 2) [2008] FCA 1637
INDUSTRIAL LAW - breach of ss 170NC and 298SC of the Workplace Relations Act 1996 (Cth) by Union shop steward and Union – Union vicariously liable for breaches by shop steward – whether penalties appropriate - level of penalties Workplace Relations Act 1996 (Cth) ss 170NC, 298SC Building and Construction Industry Improvement Act 2005 (Cth) Cruse v Construction, Forestry, Mining and Energy Union [2008]FCA 1267, referred to WARREN CRUSE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, ROBERT BANNISTER, BARRY HOFFMAN and SAM FRY
VID 108 of 2007
MARSHALL J
5 NOVEMBER 2008
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 108 of 2007
BETWEEN: WARREN CRUSE
Applicant
AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
First Respondent
ROBERT BANNISTER
Second Respondent
BARRY HOFFMAN
Third Respondent
SAM FRY
Fourth Respondent
JUDGE: MARSHALL J
DATE OF ORDER: 5 NOVEMBER 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. A penalty of $4,000 is imposed on the First Respondent for breach of s 170NC of the Workplace Relations Act 1996 (Cth) ("the WR Act"), such penalty to be paid into Consolidated Revenue within 21 days of the date of this Order. 2. It is declared that the First Respondent breached s 298SC of the WR Act as a result of the Fourth Respondent making a false or misleading representation about Mr Frank Anton's obligation to join the First Respondent. 3. It is declared that the Fourth Respondent breached s 298SC of the WR Act by making a false or misleading representation about Mr Frank Anton's obligation to join the First Respondent. 4. It is declared that the Fourth Respondent breached s 170NC of the WR Act by taking action with intent to coerce Mr Frank Anton to agree to the making of an agreement under Part VIB of the WR Act. 5. The proceeding is otherwise dismissed. 6. The parties file and serve written submissions, if any, on the question of costs within 14 days of the date of this Order. 7. The proceeding is adjourned to a directions hearing on 2 December 2008 at 10.15 am at which time the Court will deal with the question of costs in the absence of a consent order being filed in the proceeding on that issue. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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