Australian Building and Construction Commissioner v Bollas [2012] FCA 484

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Bollas [2012] FCA 484 Citation: Australian Building and Construction Commissioner v Bollas [2012] FCA 484

Parties: AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER v GEORGE BOLLAS

File number: VID 319 of 2011

Judge: NORTH J

Date of judgment: 30 April 2012

Date of hearing: 30 April 2012

Place: Melbourne

Division: FAIR WORK DIVISION

Category: No Catchwords

Number of paragraphs: 15

Counsel for the Applicant: Mr M Follett

Solicitor for the Applicant: Lander & Rogers

Counsel for the Respondent: Ms R Shann

Solicitor for the Respondent: Slater & Gordon

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY FAIR WORK DIVISION VID 319 of 2011

BETWEEN: AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER

Applicant

AND: GEORGE BOLLAS

Respondent

JUDGE: NORTH J DATE OF ORDER: 30 APRIL 2012 WHERE MADE: MELBOURNE

THE COURT DECLARES THAT:

1. On 9 July 2010, the Respondent contravened section 349(1) of the Fair Work Act 2009 (Cth) by recklessly making a false or misleading representation about the obligation of two persons to become members of an industrial association.

THE COURT ORDERS THAT:

1. Leave is granted to the Applicant to discontinue this proceeding in relation to the alleged contraventions of ss 346 and 348 of the Fair Work Act 2009 (Cth). 2. A penalty of $2000 be imposed on the Respondent by reason of his contravention of s 349(1) of the Fair Work Act 2009 (Cth) on 9 July 2010. 3. The penalty imposed on the Respondent in order 2 be paid into the Consolidated Revenue Fund of the Commonwealth within 28 days. 4. No order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.