Furlong v AWU & Ors

[2007] FMCA 443

FEDERAL MAGISTRATES COURT OF AUSTRALIA

FURLONG v AUSTRALIAN WORKERS UNION & ORS [2007] FMCA 443

INDUSTRIAL LAW – Application for imposition of penalties – unlawful strike – agreed facts – contrition and early co-operation of respondents – consideration of matters relevant to penalty.

Building and Construction Industry Improvement Act 2005, s.38
Workplace Relations Act 1996 (Cth), Part XA

CPSU v Telstra Corporation (2001) 108 IR 228
CFMEU v Coal and Allied Operations Pty Limited Number 2 (1999) 94 IR 231
TPC v CSR Limited (1991) ATPR 52
Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Limited (2004) FCAFC 72
NW Frozen Foods Pty Limited v ACCC (1996) 71 FCR 285.

Applicant: MURRAY FURLONG

First Respondent: AUSTRALIAN WORKERS UNION

Second Respondent: TERRY LEE

Third Respondent: DOUGLAS BROWN

Fourth Respondent: PETER LAMBE

Fifth Respondent: GREG WATKINS

File number: MLG 1320 of 2006

Judgment of: Burchardt FM

Hearing date: 19 March 2007

Date of last submission: 19 March 2007

Delivered at: Melbourne

Delivered on: 19 April 2007

REPRESENTATION

Counsel for the Applicant: Mr P. O’Grady

Solicitors for the Applicant: Australian Government Solicitor

Counsel for the Respondents: Mr C. Dowling

Solicitors for the Respondents: Ms S. Hodgers, Australian Workers’ Union

ORDERS

1. That the following penalties be imposed:

   (a)on the AWU,

   (i)subject to the following sub-paragraph, a penalty of $40,000.00 in respect of the contraventions of s.38 of the BCII Act and s.178 of the WR Act, such penalty to be paid into the Consolidated Revenue Fund;

   (ii)the AWU is not obliged to pay one half of the said penalty if for a period of 6 months from the date of trial in this proceeding, it has not been adjudged to have breached any provision of the BCII Act or the WR Act in so far that those breaches relate to the building and construction industry;

   (b)on Mr Lee,

   (i)a penalty of $4,000.00 in respect of the contraventions of s.38 of the BCII Act, such penalty to be paid into the Consolidated Revenue Fund;

   (c)on Mr Brown,

   (i)a penalty of $4,000.00 in respect of the contraventions of s.38 of the BCII Act and s.178 of the WR Act, such penalty to be paid into the Consolidated Revenue Fund;

   (d)on Mr Lambe,

   (i)a penalty of $4,000.00 in respect of the contraventions of s.38 of the BCII Act and s.178 of the WR Act, such penalty to be paid into the Consolidated Revenue Fund;

   (e)on Mr Watkins,

   (i)a penalty of $4,000.00 in respect of the contraventions of s.38 of the BCII Act and s.178 of the WR Act, such penalty to be paid into the Consolidated Revenue Fund.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLG1320 of 2006

MURRAY FURLONG

Applicant

And

AUSTRALIAN WORKERS UNION

First Respondent

TERRY LEE

Second Respondent

DOUGLAS BROWN

Third Respondent

PETER LAMBE

Fourth Respondent

GREG WATKINS

Fifth Respondent

REASONS FOR JUDGMENT

1. By an application filed on 20 October 2006 the Applicant seeks orders imposing penalties upon the Five Respondents.  The First…