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Furlong v Maxim Electrical Services and Ors


Applicant:
ABCC Inspector Murray Furlong 
Respondent(s):
Maxim Electrical Services (Aust) Pty Ltd, CEPU 
Date filed:
20 December 2004 
Outcome:

Marshall J. ordered that a penalty of $1,750 be imposed on the CEPU for breach of s.187AB of the WR Act. His Honour made a declaration that the CEPU had breached the Maxim (Vic) Agreement.

His Honour considered the following factors to be relevant:

  • the breach was unlikely to occur again
  • although little would be achieved by the imposition of a penalty the actions were not inadvertent but rather deliberate
  • the CEPU has no previous contraventions of section 187AB of the WR Act
  • totality of legal expenditure of the CEPU in the matter, and
  • the admission of the breaches (although late) avoided the time and cost associated with a contested trial.
Background:

This matter arose out of industrial action that occurred on 5 & 6 August 2003 after a death in the industry in Shepparton.

The CEPU admitted it breached s187AB of the Workplace Relations Act 1996 (Cth) ("WR Act") by engaging in industrial action on the 6 August 2003 with intent to coerce Maxim Electrical Services (Vic) Pty Ltd (“Maxim”) and Walter J Pratt Pty Ltd (“Pratt”) to pay employees for the period for which they engaged in industrial action on 5 August 2003.

The CEPU further admitted it failed to comply with the disputes resolution procedure of the Maxim Electrical Services Pty Ltd Enterprise Agreement 2000-2003 (“Maxim (Vic) Agreement”).