Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Safety Glass Pty Ltd [2010] FCA 989
Citation: Construction, Forestry, Mining and Energy Union v Safety Glass Pty Ltd [2010] FCA 989
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v SAFETY GLASS PTY LTD T/AS MELBOURNE SAFETY GLASS & ANOR
File number: VID 628 of 2009
Judge: TRACEY J
Date of judgment: 9 September 2010
Catchwords: INDUSTRIAL – unions – right of entry - entry refused – appropriate penalty
Legislation: Fair Work Act 2009 (Cth) ss 484, 487, 492, 501, 502, 512, 518, 539, 546
Cases cited: Hills v Sutton [2007] FCA 2033, cited, applied Plancor Pty Ltd v Liquor, Hospitality and Miscellaneous Union (2008) 171 FCR 357, applied
Date of hearing: 30 August 2010
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 25
Counsel for the Applicant: Mr J Bornstein
Solicitor for the Applicant: Maurice Blackburn
Counsel for the Respondent: Mr D Trindade
Solicitor for the Respondent: Trindade, Farr & Pill
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY FAIR WORK DIVISION VID 628 of 2009
BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
Applicant
AND: SAFETY GLASS PTY LTD T/AS MELBOURNE SAFETY GLASS & ANOR
Respondent
JUDGE: TRACEY J DATE OF ORDER: 9 SEPTEMBER 2010 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. A penalty of $9,000 be imposed upon the respondent for a contravention of s 502(1) of the Fair Work Act 2009 (Cth) which occurred on 11 August 2009. 2. The penalty be paid to the applicant within 30 days.
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