Transport Workers' Union of Australia, NSW Branch v No Fuss Liquid Waste Pty Limited [2011] FCA 982

FEDERAL COURT OF AUSTRALIA

Transport Workers' Union of Australia, NSW Branch v No Fuss Liquid Waste Pty Limited [2011] FCA 982 Citation: Transport Workers' Union of Australia, NSW Branch v No Fuss Liquid Waste Pty Limited [2011] FCA 982

Parties: TRANSPORT WORKERS' UNION OF AUSTRALIA, NEW SOUTH WALES BRANCH v NO FUSS LIQUID WASTE PTY LIMITED AND ORS

File number: NSD 1422 of 2010

Judge: FLICK J

Date of judgment: 26 August 2011

Catchwords: INDUSTRIAL LAW – freedom of association – contraventions – single course of conduct – agreed statement of facts – penalties to be imposed – compensation to employees – no power to disqualify a person from being a director – no power to accept undertaking

Legislation: Fair Work Act 2009 (Cth), ss 340, 346, 545, 546, 557(1)

Cases cited: Australian Licensed Aircraft Engineers Association v International Aviations Service Assistance Pty Ltd [2011] FCA 333, considered Australian Securities and Investments Commission v Axis International Management Pty Ltd (No 6) [2011] FCA 811, cited Construction, Forestry, Mining and Energy Union v Coal and Allied Operations Pty Ltd (No 2) [1999] FCA 1714; 94 IR 231, considered Darlaston v Parker (No 2) [2010] FCA 1382, 200 IR 353, cited Fair Work Ombudsman v Transport Workers' Union of Australia [2010] FCA 768, 202 IR 411, cited HIH Insurance Ltd, Re; Australian Securities and Investments Commission v Adler [2002] NSWSC 483, 42 ACSR 80, considered Kamha v Australian Prudential Regulation Authority [2005] FCAFC 248, 147 FCR 516, cited Rich v Australian Securities and Investments Commission (2004) 220 CLR 129, cited Rojas v Esselte Australia Pty Ltd (No 2) [2008] FCA 1585, 177 IR 306, considered Stuart-Mahoney v Construction, Forestry, Mining and Energy Union [2008] FCA 1426, 177 IR 61, considered Woodside Burrup Pty Ltd v Construction, Forestry, Mining and Energy Union [2011] FCA 949, considered