Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DP World Sydney Limited v Maritime Union of Australia (No 2) [2014] FCA 596 Citation: DP World Sydney Limited v Maritime Union of Australia (No 2) [2014] FCA 596
Parties: DP WORLD SYDNEY LIMITED v MARITIME UNION OF AUSTRALIA, PAUL MCALEER and PAUL KEATING
File number: NSD 2226 of 2012
Judge: FLICK J
Date of judgment: 6 June 2014
Catchwords: INDUSTRIAL LAW – industrial action – contravention of a term of an enterprise agreement – separate determination of liability from damages and penalties – liability resolved – penalty – principles to be applied – agreement as to penalty – role of the Court
Legislation: Fair Work Act 2009 (Cth) ss 50, 417, 546, 570 Petroleum Retail Marketing Sites Act 1980 (Cth) s 10 Workplace Relations Act 1996 (Cth) s 792
Cases cited: Australian Building & Construction Commissioner v Construction, Forestry, Mining & Energy Union [2011] FCA 810 Australian Competition and Consumer Commission v AGL Sales Pty Ltd [2013] FCA 1030 Australian Competition and Consumer Commission v Avitalb Pty Ltd [2014] FCA 222 Australian Competition and Consumer Commission v BAJV Pty Ltd [2014] FCAFC 52 Australian Competition and Consumer Commission v Energy Australia Pty Ltd [2014] FCA 336 Australian Competition and Consumer Commission v Mitsubishi Electric Australia Pty Ltd [2013] FCA 1413 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 4) [2011] FCA 761, (2011) 282 ALR 246 Australian Securities and Investments Commission v Ingelby [2013] VSCA 49, (2013) 275 FLR 171 Barbaro v The Queen [2014] HCA 2, (2014) 88 ALJR 372 Construction, Forestry, Mining and Energy Union v Coal and Allied Operations Pty Ltd (No 2) [1999] FCA 1714, (1999) 94 IR 231 Darlaston v Parker (No 2) [2010] FCA 1382, (2010) 200 IR 353 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 126 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 160 Fair Work Ombudsman v Maritime Union of Australia [2012] FCA 1232 Fair Work Ombudsman v Maritime Union of Australia [2012] FCA 1521 Fair Work Ombudsman v Transport Workers' Union of Australia [2010] FCA 768, (2010) 202 IR 411 General Manager of Fair Work Australia v Health Services Union [2013] FCA 1306 Global One Mobile Entertainment Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 134 Ministry for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72, (2004) ATPR 41-993 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Rojas v Esselte Australia Pty Ltd (No 2) [2008] FCA 1585, (2008) 177 IR 306 Stuart-Mahoney v Construction, Forestry, Mining and Energy Union [2008] FCA 1426 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076
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