Fair Work Ombudsman v Transport Workers’ Union of Australia [2010] FCA 768

FEDERAL COURT OF AUSTRALIA

Fair Work Ombudsman v Transport Workers' Union of Australia [2010] FCA 768 Citation: Fair Work Ombudsman v Transport Workers' Union of Australia [2010] FCA 768

Parties: FAIR WORK OMBUDSMAN v TRANSPORT WORKERS' UNION OF AUSTRALIA

File number: SAD 158 of 2009

Judge: BESANKO J

Date of judgment: 23 July 2010

Catchwords: INDUSTRIAL LAW – application for pecuniary penalties for organising strike action in contravention of s 494(1) of the Workplace Relations Act 1996 (Cth) – where respondent admitted contraventions – where strike action took place during review process which could have resulted in a loss of work or wages for the respondent's members – where respondent had not previously been found liable for similar contraventions – where respondent's conduct was deliberate, but respondent expressed contrition and co-operated with authorities – where parties had proposed agreed penalties for two contraventions of Workplace Relations Act 1996 (Cth)

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) Fair Work Act 2009 (Cth)s 687 Fair Work (Transitions and Consequential Amendments) Act 2009 (Cth) Federal Court Rules O 6 r 17 Retail Marketing Sites Act 1980 (Cth) Trade Practices Act 1974 (Cth) Workplace Relations Act 1996 (Cth) s 420, s 494

Cases cited: Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 followed NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 followed Stuart-Mahoney v Construction, Forestry, Mining and Energy Union (2008) 177 IR 61 applied The Attorney-General v Tichy (1982) 30 SASR 84 discussed