Furlong v APN Development and Delivery Pty Ltd

FEDERAL COURT OF AUSTRALIA

Furlong v APN Development and Delivery Pty Ltd
[2005] FCA 1915

FURLONG v APN DEVELOPMENT AND DELIVERY PTY LTD

VID 905 OF 2005

NORTH J
30 NOVEMBER 2005
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 905 OF 2005

BETWEEN:	MURRAY FURLONG APPLICANT
AND:	APN DEVELOPMENT AND DELIVERY PTY LIMITED (ACN 073 853 675) (FORMERLY AUSTRALIAN PROPERTY NETWORK PTY LTD) RESPONDENT
JUDGE:	NORTH J
DATE OF ORDER:	30 NOVEMBER 2005
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The application is dismissed.

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	VID 905 OF 2005

BETWEEN:	MURRAY FURLONG APPLICANT
AND:	APN DEVELOPMENT AND DELIVERY PTY LIMITED (ACN 073 853 675) (FORMERLY AUSTRALIAN PROPERTY NETWORK PTY LTD) RESPONDENT

JUDGE:	NORTH J
DATE:	30 NOVEMBER 2005
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. Before the Court is an application under s 187AD(1)(a) of the Workplace Relations Act 1996 (Cth) (the Act) in relation to a contravention by APN Development and Delivery Pty Ltd, the respondent, of s 187AA(1) of the Act.

2. The respondent admitted having paid some of its employees during work stoppages on 6 August 2003 and 23 October 2003. The work stoppage constituted industrial action as defined by the Act, and the respondent accepted that it was in breach of s 187AA(1) of the Act. The contraventions involved payment to eight employees for three hours work on 6 August 2003, a total of $534.78, and further nine employees for three hours on 23 October 2003, a total of $598.62. In each case the stoppage occurred on the site at 380-390 Latrobe Street, Melbourne.  In each case the stoppage followed the death of a building worker at another site.  The first stoppage followed the death of a worker on 1 August 2003 in Shepparton while performing irrigation channel works, and the second stoppage followed the death of a building worker on 22 October 2003 in Deer Park while performing asbestos roof removal work.  It is accepted by the parties that both deaths did not relate to the Latrobe Street site.  Nonetheless, the stoppages occurred in conformity with a union policy which required a safety audit on all building sites following a death in the industry.

3. The Latrobe Street site involved the construction of a 20 storey office building for about $90 million.  The respondent agreed to lease the completed building to AWB Limited. The terms of the lease involved penalties for delay in the construction.  The two stoppages in question did not delay the project such as to incur any liability for damages to AWB Limited and the project was completed on time and on budget. 

4. There are some factors relating to the respondent relevant to determining a proper penalty for the contravention.  The respondent has no prior convictions. It intends to cease its involvement in construction work in December 2005.  It did not oppose the application and co-operated with…