Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Limited (No 2) [2010] FCA 652

FEDERAL COURT OF AUSTRALIA

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Limited (No 2) [2010] FCA 652 Citation: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Limited (No 2) [2010] FCA 652

Parties: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION and AUSTRALIAN FEDERATED UNION OF LOCOMOTIVE EMPLOYEES, QUEENSLAND UNION OF EMPLOYEES v QR LIMITED, QUEENSLAND RAIL LIMITED (FORMERLY QR PASSENGER PTY LTD) and QR NETWORK PTY LTD

File number: QUD 33 of 2010

Judge: LOGAN J

Date of judgment: 22 June 2010

Corrigendum: 13 July 2010

Catchwords: INDUSTRIAL LAW – Contraventions of terms of workplace agreements giving rise to contraventions of a civil remedy provision – Consideration of penalty to be applied – Whether contraventions within "course of conduct" under Fair Work Act 2009 (Cth), s 557 – Consideration of meaning and effect of s 557 – Relevant considerations in determining quantum of penalties – Whether to impose maximum penalty for each contravention – Consideration of totality principle

Legislation: Acts Interpretation Act 1901 (Cth) s 15AB Conciliation and Arbitration Act 1904 (Cth) s 119 Crimes Act 1914 (Cth)s 4AA Customs Act 1901 (Cth) Fair Work Act 2009 (Cth) ss 12, 45, 50, 539, 546, 557, 719 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Industrial Relations Act 1998 (Cth) Workplace Relations Act 1996 (Cth) Federal Court Rules O 46 r 6