Hardwick v Australian Manufacturing Workers’ Union [2010] FCA 818

FEDERAL COURT OF AUSTRALIA

Hardwick v Australian Manufacturing Workers' Union [2010] FCA 818 Citation: Hardwick v Australian Manufacturing Workers' Union [2010] FCA 818

Parties: SHAUN HARDWICK v AUSTRALIAN MANUFACTURING WORKERS' UNION, AUSTRALIAN WORKERS' UNION, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, GREG WARREN, TERRY LEE, PETER MOONEY and JOHN PARKER

File number: VID 831 of 2009

Judge: GORDON J

Date of judgment: 4 August 2010

Catchwords: INDUSTRIAL LAW – pecuniary penalties for contravention of the s 44 of the Building and Construction Industry Improvement Act 2005 (Cth) – respondents engaged in conduct with intent to coerce sub-contractors to enter into union building agreements – where penalties agreed between the parties – whether penalties within permissible range

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) Workplace Relations Act 1996 (Cth)

Cases cited: Cruse v Multiplex Ltd (2008) 172 FCR 279 Furlong v Maxim Electrical Services (Aust) Pty Ltd (No 3) [2006] FCA 1705 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd (2004) ATPR ¶41-993 Pine v Expoconti Pty Ltd (2005) 147 IR 426 Ponzio v B & P Caelli Constructions Pty Ltd & Others (2006) 157 IR 80 Ponzio v B & P Caelli Constructions Pty Ltd & Others (2007) 158 FCR 543 Ponzio v D and E Air Conditioning Pty Ltd [2005] FCA 964 Stuart-Mahoney v Construction, Forestry, Mining and Energy Union (2008) 177 IR 61 Veen v R (No 2) (1988) 164 CLR 465 Williams v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2010] FCA 754