Standen v Feehan (No 2)

[2008] FCA 1574

FEDERAL COURT OF AUSTRALIA

Standen v Feehan (No 2) [2008] FCA 1574

INDUSTRIAL LAW – decision as to penalty for contravention of s 285E of Workplace Relations Act 1996 (Cth) – conduct was premeditated, deliberately provocative and serious principles in fixing monetary quantum in circumstances where parties have agreed on an acceptable range of penalty – circumstances to be taken into account in determining penalty – purposes of imposing penalty – penalty fixed and imposed.

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

CFMEU v Cole and Allied Operations Pty Ltd (No 2) (1999) 94 IR 231 referred to

CPSU v Telstra Corporation (2001) 108 IR 228 cited

Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72; [2004] ATPR 41 cited
NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 referred to
Standen v Feehan [2008] FCA 1009 referred to

MICHAEL STANDEN v JUSTIN FEEHAN

SAD 74 OF 2006

LANDER J

23 OCTOBER 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:	23 OCTOBER 2008
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.The respondent pay the sum of $1,300 by way of civil penalty to the Consolidated Revenue Fund within three months.

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:	23 OCTOBER 2008
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. On 3 July 2008 I published my reasons for making a declaration that the respondent, Mr Feehan, contravened s 285E(1) of the Workplace Relations Act 1996 (Cth) (the Act) and I adjourned the proceeding to enable the parties to be heard as to penalty.

2. The respondent is an official of the Construction, Forestry, Mining and Energy Union (CFMEU) which is an organisation which is registered under the Act. He was, at the relevant time, the holder of a permit issued by a Registrar under the Act pursuant to s 285A of the Act. A permit which is issued under s 285A of the Act permits the holder to enter 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 of the Act or an award, an order of the Commission or a certified agreement: s 285B(2).

3. It also permits the holder to enter any premises in which work is being carried out on to which an award applies that is binding on the organisation of which the person holding the permit is an officer or employee and employees who are members or eligible to become members of that organisation work on the premises, for the purposes of holding discussions with any of…