Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd [2024] FCA 443

Federal Court of Australia

Transport Workers' Union of Australia v Cleanaway Operations Pty Ltd [2024] FCA 443 File number: NSD 112 of 2023

Judgment of: BROMWICH J

Date of judgment: 30 April 2024

Catchwords: EMPLOYMENT AND INDUSTRIAL RELATIONS – failure to comply with two protected action ballot order by failure to provide information by the required time – where failure to comply has caused delay in holding one of those ballots for protected industrial action – where respondent has admitted contravention – where parties have proposed agreed orders as to penalties – principles as to acceptance of proposed agreed penalties – agreed declarations made and agreed penalties imposed – no order made as to costs

Legislation: Fair Work Act 2009 (Cth) ss 417, 462, 463(2)

Cases cited: Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Minister 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

Division: Fair Work Division

Registry: New South Wales

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 14

Date of hearing 30 April 2024

Counsel for the Applicant: Mr P Boncardo

Solicitor for the Applicant: Transport Workers' Union

Counsel for the Respondent: Mr K Brotherson

Solicitor for the Respondent: Piper Alderman

ORDERS NSD 112 of 2023

BETWEEN: TRANSPORT WORKERS' UNION OF AUSTRALIA Applicant

AND: CLEANAWAY OPERATIONS PTY LTD Respondent