FEDERAL MAGISTRATES COURT OF AUSTRALIA
| ALFRED v CFMEU & ORS (No.2) | [2009] FMCA 1003 |
| INDUSTRIAL LAW – Contravention of freedom of association protections – union organiser’s coercion of subcontractor and his workers to become members of union – union organisations liable for his conduct – penalties of $2,600 and $13,000 imposed on organiser and unions. |
| Building and Construction Industry Improvement Act 2005 (Cth) Federal Magistrates Court Rules 2001 (Cth), r.26.01 Federal Magistrates Act 1999 (Cth), ss.42, 77, 77(2) Workplace Relations Act 1996 (Cth), ss.778(a), 779, 779(2), 779(2)(b), 789, 807, 807(1), 807(1)(a), 807(2), 807(3), 841, Pt.16 |
| Applicant: | GREGORY CHARLES ALFRED |
| First Respondent: | CONSTRUCTION, FORESTRY, MINING & ENERGY UNION |
| Second Respondent: | CONSTRUCTION, FORESTRY, MINING & ENERGY UNION (NEW SOUTH WALES BRANCH) |
| Third Respondent: | SAMMY MANNA |
| File Number: | SYG 870 of 2008 |
| Judgment of: | Smith FM |
| Hearing date: | 11 September 2009 |
| Delivered at: | Sydney |
| Delivered on: | 20 October 2009 |
REPRESENTATION
| Counsel for the Applicant: | Mr J J E Fernon SC and Ms E Raper |
| Solicitors for the Applicant: | Freehills |
| Counsel for the Respondents: | Mr J Pearce |
| Solicitors for the Respondents: | Taylor & Scott |
ORDERS
There is imposed on the third respondent pursuant to s.807(1)(a) of the Workplace Relations Act 1996 (Cth) a penalty in the amount of $2,600 for his contravention of s.789 of that Act.
There is imposed on the first respondent pursuant to s.807(1)(a) and s.779(2)(b) of the Workplace Relations Act 1996 (Cth) a penalty in the amount of $13,000 for its contravention of s.789 of that Act by reason of the conduct of the third respondent.
There is imposed on the second respondent pursuant to s.807(1)(a) and s.779(2)(b) of the Workplace Relations Act 1996 (Cth) a penalty in the amount of $13,000 for its contravention of s.789 of that Act by reason of the conduct of the third respondent.
The application is otherwise dismissed.
The penalties payable under orders 1, 2, and 3 must be paid to the Commonwealth pursuant to s.841 of the Act.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 870 of 2008
| GREGORY CHARLES ALFRED |
Applicant
And
| CONSTRUCTION, FORESTRY, MINING & ENERGY UNION |
First Respondent
| CONSTRUCTION, FORESTRY, MINING & ENERGY UNION (NEW SOUTH WALES BRANCH) |
Second Respondent
| SAMMY MANNA |
Third Respondent
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- Case
- [2009] FMCA 1003
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the respondents had indeed contravened Section 789 of the Act and, if so, to what extent each party was liable. Additionally, the court had to ascertain the appropriate penalties under Section 807(1)(a) of the Act for each respondent found in breach. The legal issues also included whether the corporate respondents could be held vicariously liable for the actions of their employee, the third respondent.
After reviewing the evidence and arguments presented, the court found that the third respondent had contravened Section 789 of the Act. Consequently, a penalty of $2,600 was imposed on the third respondent. The court further determined that the first and second respondents, being corporate entities, were vicariously liable for the actions of the third respondent, each attracting a penalty of $13,000. The court declined to impose any additional penalties or make other orders as requested by Alfred. The penalties were to be paid to the Commonwealth as per Section 841 of the Act.
Orders
Orders of the court
1.
There is imposed on the third respondent pursuant to s.807(1)(a) of the Workplace Relations Act 1996 (Cth) a penalty in the amount of $2,600 for his contravention of s.789 of that Act.
2.
There is imposed on the first respondent pursuant to s.807(1)(a) and s.779(2)(b) of the Workplace Relations Act 1996 (Cth) a penalty in the amount of $13,000 for its contravention of s.789 of that Act by reason of the conduct of the third respondent.
3.
There is imposed on the second respondent pursuant to s.807(1)(a) and s.779(2)(b) of the Workplace Relations Act 1996 (Cth) a penalty in the amount of $13,000 for its contravention of s.789 of that Act by reason of the conduct of the third respondent.
4.
The application is otherwise dismissed.
5.
The penalties payable under orders 1, 2, and 3 must be paid to the Commonwealth pursuant to s.841 of the Act.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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