Australian Building and Construction Commissioner v Parker [2017] FCA 564

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Parker [2017] FCA 564 File number: NSD 467 of 2016

Judge: FLICK J

Date of judgment: 24 May 2017

Catchwords: INDUSTRIAL LAW – coercion – taking of action against another person – intent to coerce – need for an intent to negate choice – need for a high degree of compulsion INDUSTRIAL LAW – intention – onus to establish affirmatively that action was not actuated by the reason alleged INDUSTRIAL LAW – the taking of industrial action INDUSTRIAL LAW – breach of enterprise agreement INDUSTRIAL LAW – accessorial liability – knowledge of essential matters which make up offence INDUSTRIAL LAW – breach of civil penalty provisions PRACTICE AND PROCEDURE – stay of proceeding pending resolution of criminal proceedings – stay refused – alleged contraventions "not substantially the same" PRACTICE AND PROCEDURE – Briginshaw standard – need to consider gravity of matters alleged PRACTICE AND PROCEDURE – withdrawal of an admission in defence – leave granted

Legislation: Acts Interpretation Act 1901 (Cth), ss 2C(1), 19(1), Conciliation and Arbitration Act 1904 (Cth), s 5(4) Criminal Code 1995 (Cth), ss 11.1(1), 149.1(1) Evidence Act 1995 (Cth), s 140 Fair Work Act 2009 (Cth), ss 19, 50, 343(1), 343(2), 347, 348, 355, 363, 417 Federal Court of Australia Act 1976 (Cth), ss 37M, 37N Trade Practices Act 1974 (Cth) Workplace Relations Act 1996 (Cth), ss 4(1), 170NC(1), 298S(2)(c), 420(1) Marriage Act 1928 (Vic)