FEDERAL COURT OF AUSTRALIA
Furlong v Maxim Electrical Services (Aust) Pty Ltd (No 2) [2006] FCA 740
INDUSTRIAL LAW – payments in relation to periods of industrial action – breach admitted – penalty imposed in accordance with the agreement of the parties operating at arms length
Workplace Relations Act 1996 (Cth) ss 84, 178 and 187AA
Furlong v Maxim Electrical Services (Aust) Pty Ltd [2005] FCA 1518, considered
Pine v Multiplex Constructions (Vic) Pty Ltd [2005] FCA 1428, followed
MURRAY FURLONG v MAXIM ELECTRICAL SERVICES (AUST) PTY LTD (ACN 088 295 907), WALTER J PRATT LTD (ACN 004 714 989), COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, DAVID MIER, MARK GRECH,
MICHAEL DOUGLAS and MAXIM ELECTRICAL SERVICES (VIC) PTY LTD (ACN 088 037 290)VID 1580 OF 2004
MARSHALL J
14 JUNE 2006
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VID 1580 OF 2004
BETWEEN:
MURRAY FURLONG
APPLICANTAND:
MAXIM ELECTRICAL SERVICES (AUST) PTY LTD
(ACN 088 295 907)
FIRST RESPONDENTWALTER J PRATT LTD (ACN 004 714 989)
SECOND RESPONDENTCOMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA
THIRD RESPONDENTDAVID MIER
FOURTH RESPONDENTMARK GRECH
FIFTH RESPONDENTMICHAEL DOUGLAS
SIXTH RESPONDENTMAXIM ELECTRICAL SERVICES (VIC) PTY LTD
(ACN 088 037 290)
SEVENTH RESPONDENTJUDGE:
MARSHALL J
DATE OF ORDER:
14 JUNE 2006
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.A penalty of $1,750 be imposed on the seventh respondent for breach of s 187AA of the Workplace Relations Act 1996 (Cth).
2.The penalty so imposed be paid to the Consolidated Revenue Fund within 21 days.
3.It is declared that the seventh respondent committed a breach or non-observance of the Maxim Electrical Services Pty Ltd Enterprise Agreement 2000-2003 by failing to follow the steps detailed in cl 13 of the agreement.
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 1580 OF 2004
BETWEEN:
MURRAY FURLONG
APPLICANTAND:
MAXIM ELECTRICAL SERVICES (AUST) PTY LTD
(ACN 088 295 907)
FIRST RESPONDENTWALTER J PRATT LTD (ACN 004 714 989)
SECOND RESPONDENTCOMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA
THIRD RESPONDENTDAVID MIER
FOURTH RESPONDENTMARK GRECH
FIFTH RESPONDENTMICHAEL DOUGLAS
SIXTH RESPONDENTMAXIM ELECTRICAL SERVICES (VIC) PTY LTD
(ACN 088 037 290)
SEVENTH RESPONDENTJUDGE:
MARSHALL J
DATE:
14 JUNE 2006
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
Earlier this morning, after hearing the submissions of counsel for the applicant and the seventh respondent, the Court announced that it would make the following orders and give reasons later this morning for making those orders. What follows are the Court’s reasons for making the orders set out below:
1.A penalty of $1,750 be imposed on the seventh respondent for breach of s 187AA of the Workplace Relations Act 1996 (Cth).
2. The penalty so imposed be paid to the Consolidated Revenue Fund within…
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- Case
- [2006] FCA 740
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the respondent had breached the Maxim Electrical Services Pty Ltd Enterprise Agreement 2000-2003 and the Workplace Relations Act 1996 (Cth), and if so, what penalty should be imposed. The applicant argued that the respondent had failed to follow the steps outlined in clause 13 of the enterprise agreement, which pertained to the procedure for resolving disputes. The respondent denied any breach of the agreement or the Act.
The court found that the respondent had indeed breached the enterprise agreement by not following the dispute resolution process as required by clause 13. The court also determined that the respondent had contravened section 187AA of the Workplace Relations Act 1996 (Cth) by failing to provide the applicant with a copy of the dispute resolution process within a reasonable time. The court imposed a penalty of $1,750 on the respondent for the breach of the Act and declared that the respondent had breached the enterprise agreement. The penalty was to be paid to the Consolidated Revenue Fund within 21 days.
Orders
Orders of the court
1. A penalty of $1,750 be imposed on the seventh respondent for breach of s 187AA of the Workplace Relations Act 1996 (Cth).
2. The penalty so imposed be paid to the Consolidated Revenue Fund within 21 days.
3. It is declared that the seventh respondent committed a breach or non-observance of the Maxim Electrical Services Pty Ltd Enterprise Agreement 2000-2003 by failing to follow the steps detailed in cl 13 of the agreement.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: WALTER J
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