Australian Workers Union v Johnson Matthey (Aust) Ltd

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FEDERAL COURT OF AUSTRALIA

The Australian Workers Union v Johnson Matthey (Aust) Ltd [2000] FCA 728

INDUSTRIAL LAW - determination of compensation, penalty and ancillary relief for contraventions of ss170MU, 298K of the Workplace Relations Act 1996 (Cth) - considerations to which the Court will have regard in determining whether contraventions justify penalty and if so, the appropriate level of penalty - whether non - economic loss suffered requires financial compensation

Workplace Relations Act 1996 (Cth) ss170MU, 170NF, 170NH, 298K, 298U, 356

The Australian Workers Union v Johnson Matthey (Aust) Ltd [2000] FCA 360; (2000) 171 ALR 410 referred to

CFMEU v Coal & Allied Operations Pty Ltd (No 2) [1999] FCA 1714; (1999) 94 IR 231 followed

AFMEPKIU v DMG Industries Pty Ltd [1999] FCA 735; (1999) 89 IR 360 referred to

THE AUSTRALIAN WORKERS UNION v JOHNSON MATTHEY (AUST) LTD (ACN 004 146 838)

V 425 of 1999

MARSHALL J
29 MAY 2000
MELBOURNE


IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V 425 of 1999

BETWEEN:

THE AUSTRALIAN WORKERS UNION
APPLICANT

AND:

JOHNSON MATTHEY (AUST) LTD
(ACN 004 146 838)
RESPONDENT

JUDGE:

MARSHALL J

DATE OF ORDER:

29 MAY 2000

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

1.Pursuant to s170NF(1) of the Workplace Relations Act 1996 (Cth) (“the Act”) a penalty of $6000 be imposed on the respondent for the contravention of s170MU(1)(a) of the Act referred to in par 1 of the Court's order of 31 March 2000 (“the previous order”).

2.No penalty be imposed with respect to the contraventions of the Act referred to in pars 2, 3 and 4 of the previous order.

3.Pursuant to s298U(a) of the Act, a penalty of $3000 be imposed on the respondent for the contravention of s298K of the Act, referred to in par 5 of the previous order.

4.Pursuant to s170NH(1)(b) of the Act, the respondent pay to Mr Mrmacoski compensation in the sum of $110 on or before 19 June 2000.

5.Pursuant to s356(b) of the Act, each such penalty referred to in pars 1 and 3 of this order (in total $9000) be paid to the applicant on or before 19 June 2000.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V 425 of 1999

BETWEEN:

THE AUSTRALIAN WORKERS UNION
APPLICANT

AND:

JOHNSON MATTHEY (AUST) LTD
(ACN 004 146 838)
RESPONDENT

JUDGE:

MARSHALL J

DATE:

29 MAY 2000

PLACE:

MELBOURNE

REASONS FOR JUDGMENT

  1. On 31 March 2000 the Court delivered its reasons for judgment on questions of liability in this proceeding.  The topic of relief was deferred to a later occasion (see TheAustralian Workers Union v Johnson Matthey (Aust) Ltd [2000] FCA 360; (2000) 171 ALR 410). These reasons for judgment should be read together with those of 31 March 2000.

  2. This morning counsel addressed the Court on the topics of penalty, compensation and what I might call ancillary relief.…

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Details
Case
[2000] FCA 728
Decision Date

CaseChat Overview and Summary

The Australian Workers Union (AWU) filed an application against Johnson Matthey (Aust) Ltd in the Federal Court of Australia, seeking penalties and compensation for alleged contraventions of the Workplace Relations Act 1996 (Cth). The case involved several breaches of the Act, including failure to provide information and underpayment of wages. The AWU argued that the respondent had failed to comply with specific provisions of the Act, which led to the application for penalties and compensation.

The central legal issues before the court were whether the respondent had indeed contravened the specified sections of the Workplace Relations Act and, if so, what penalties should be imposed. The court had to consider the evidence presented by the AWU and determine the appropriate penalties and compensation under the relevant sections of the Act.

In its decision, the court found that the respondent had contravened certain provisions of the Act. However, the court decided not to impose penalties for some of the contraventions, considering the nature and circumstances of the breaches. For the contraventions upheld, the court imposed a penalty of $6000 for one specific breach and $3000 for another. Additionally, the court ordered the respondent to pay compensation of $110 to an affected employee. The penalties imposed were to be paid to the AWU within a specified timeframe.

In summary, the Federal Court of Australia found Johnson Matthey (Aust) Ltd liable for certain breaches of the Workplace Relations Act 1996 (Cth) and imposed penalties and compensation as outlined in the orders. The court's decision provided clarity on the specific contraventions and the corresponding penalties and compensation to be paid.

Orders

Orders of the court

1. Pursuant to s170NF(1) of the Workplace Relations Act 1996 (Cth) (“the Act”) a penalty of $6000 be imposed on the respondent for the contravention of s170MU(1)(a) of the Act referred to in par 1 of the Court's order of 31 March 2000 (“the previous order”).

2. No penalty be imposed with respect to the contraventions of the Act referred to in pars 2, 3 and 4 of the previous order.

3. Pursuant to s298U(a) of the Act, a penalty of $3000 be imposed on the respondent for the contravention of s298K of the Act, referred to in par 5 of the previous order.

4. Pursuant to s170NH(1)(b) of the Act, the respondent pay to Mr Mrmacoski compensation in the sum of $110 on or before 19 June 2000.

5. Pursuant to s356(b) of the Act, each such penalty referred to in pars 1 and 3 of this order (in total $9000) be paid to the applicant on or before 19 June 2000.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

MARSHALL J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: MARSHALL J

Full text does not contain this section.