Clarke v Baulderstone Hornibrook Pty Ltd

The case of Clarke v Baulderstone Hornibrook Pty Ltd involved a dispute between Clarke, the applicant, and Baulderstone Hornibrook Pty Ltd (the respondent), a construction company. Clarke sought a penalty against the respondent for contravening section 187AA of the Workplace Relations Act 1996 (Cth) by making payments to employees who were engaged in industrial action on 16 September 2001. The court had to determine whether the respondent had indeed contravened the specified section and, if so, what penalty should be imposed.

The central legal issues before the court were whether the respondent had contravened section 187AA of the Act and, if it had, the appropriate quantum of the penalty to be imposed. The respondent admitted to making the payments in question but argued that they were reactive to the threat of unlawful industrial action and not systematic. The court also had to consider the respondent's subsequent actions to ensure compliance and avoid future contraventions, as well as its prior record.

In its decision, the court noted the respondent's cooperation with the Building and Industry Taskforce, including providing information and agreeing not to oppose the application. The court recognised the respondent's efforts to improve its compliance measures and ethical conduct. However, the court found that the respondent had contravened the Act by making payments to employees during industrial action. Given the respondent's cooperation, its actions to address the contravention, and its good prior record, the court imposed a penalty of $1000, payable forthwith to the District Registrar in Perth.

The court's final orders included a penalty of $1000 imposed on the respondent, with the penalty to be paid into the Consolidated Revenue Fund. The payment was to be made immediately to the District Registrar of the Court in Perth by way of a cheque payable to the Consolidated Revenue Fund.