Standen v Feehan

[2008] FCA 1009

FEDERAL COURT OF AUSTRALIA

Standen v Feehan [2008] FCA 1009

INDUSTRIAL LAW – application for an order seeking a civil penalty under s 285F(4) of the Workplace Relations Act 1996 (Cth) (the Act) for a breach of s 285E of the Act – whether respondent provided adequate notice regarding his intention to exercise his power under ss 285B or 285C of the Act – whether the respondent in exercise of his power under the Act intentionally hindered or obstructed any employer or employees – application allowed.

Workplace Relations Act 1996 (Cth) ss 285B, 285C, 285D, 285E, 285F

Briginshaw v Briginshaw (1938) 60 CLR 336 cited
Jones v Dunkel (1959) 101 CLR 298 cited
O’Reilly v The Commissioners of the State Bank of Victoria (1983) 153 CLR 1 followed
Pine v Doyle (2005) 143 IR 98 followed

MICHAEL STANDEN v JUSTIN FEEHAN

SAD 74 OF 2006

LANDER J
3 JULY 2008
ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SAD 74 OF 2006

BETWEEN: MICHAEL STANDEN
Applicant

AND: JUSTIN FEEHAN
Respondent

JUDGE:	LANDER J
DATE OF ORDER:	3 JULY 2008
WHERE MADE:	ADELAIDE

THE COURT DECLARES THAT:

1.On 5 May 2004 the respondent contravened s 285E(1) of the Workplace Relations Act 1996 (Cth).

THE COURT ORDERS THAT:

2.The proceeding be adjourned to hear the parties as to penalty.

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

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SAD 74 OF 2006

BETWEEN: MICHAEL STANDEN
Applicant

AND: JUSTIN FEEHAN
Respondent

JUDGE:	LANDER J
DATE:	3 JULY 2008
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

Introduction

1. The applicant is an inspector under the Workplace Relations Act 1996 (Cth) (the Act). He is entitled by operation of the Act to bring an application for an order seeking a civil penalty under the Act: s 285F(4). He brought this application on 4 May 2006 seeking the imposition of a penalty in respect of a contravention of s 285E(1) of the Act.

2. The respondent was at the relevant time, and still is, an official (officer) of the Construction, Forestry, Mining and Energy Union (CFMEU) which is an organisation registered under the Act.  He is the holder of a permit issued by a Registrar under the Act: s 285A(1).

3. A permit permits the holder to enter, during working hours, any premises where employees work who are members of the organisation of which the person is an officer or employee, for the purpose of investigating a suspected breach or continuing breach of the Act, or an award or order of the Commission or certified agreement that binds the organisation of which the permit holder is an officer: s 285B(1) and (2).

4. If a permit holder enters a premise by virtue of the statutory authority in s 285B(2), the permit holder may exercise the powers in s 285B(3) of the Act.

5. Moreover, a person who is a holder of a permit may enter premises in which work is being carried…