Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction Forestry Mining and Energy Union v North Goonyella Coal Mine Pty Ltd [2013] FCA 1444 Citation: Construction Forestry Mining and Energy Union v North Goonyella Coal Mine Pty Ltd [2013] FCA 1444
Parties: CONSTRUCTION FORESTRY MINING AND ENERGY UNION v NORTH GOONYELLA COAL MINE PTY LTD
File number: QUD 596 of 2013
Judge: LOGAN J
Date of judgment: 10 December 2013
Catchwords: INDUSTRIAL LAW – penalty hearing – admitted contraventions of the Fair Work Act 2009 (Cth) – contraventions of the North Goonyella Underground Mine Collective Enterprise Agreement 2012 – other relevant factors in determining penalty – relevance of history of trade unionism – adverse action against employees on the basis of trade union activity or exercise of workplace right
Legislation: Conciliation and Arbitration Act 1904 (Cth) Crimes Act 1914 (Cth) s 4AA Customs Act 1901 (Cth) Evidence Act 1995 (Cth) s 191 Fair Work Act 2009 (Cth) ss 50, 340, 346, 570, 557 Fair Work (Registered Organisations) Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) Coal Mining Safety and Health Act 1999 (Qld) s 25 Trade Disputes Act 1906 (UK) Trade Union Act 1871 (UK) Unlawful Oaths Act 1797 (UK)
Cases cited: Australasian Meat Industry Employees' Union v Belandra Pty Ltd (2003) 126 IR 165 considered Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 considered Construction, Forestry, Mining and Energy Union v Cahill (2010) 194 IR 461 Fair Work Ombudsman v Australian Shooting Academy Pty Ltd [2011] FCA 1064 considered Kelly v Fitzpatrick (2007) 166 IR 14 considered L Vogel & Son Pty Ltd v Anderson (1968) 120 CLR 157 considered QR Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (2010) 204 IR 142 considered R v Lovelass and Others (1834) 172 ER 1380 considered Springfield Nominees Pty Ltd v Bridgelands Securities Limited (1992) 38 FCR 217 considered
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