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During the reporting period, the ABCC conducted 51 penalty proceedings before the courts. Eighteen of these were commenced between 1 July 2011 and 31 May 2012.
Twenty-eight cases were completed in the reporting period, twenty-five of those were successful.
Twenty-five proceedings were ongoing as at 31 May 2012.
Penalties imposed
In 2011-12, the Courts imposed a total of $1,235,900 in penalties, as shown in Table 2.25.
TABLE 2.22 RESULTS OF PROCEEDINGS 1 JULY 2011 – 31 MAY 2012
|
State |
2011-12 |
|
Successful |
25 |
|
Unsuccessful |
2 |
|
Discontinued |
1 |
|
Ongoing |
25 |
|
Total |
53 |
TABLE 2.23 VENUE OF PROCEEDINGS COMMENCED 1 JULY 2011 – 31 MAY 2012
|
Venue |
2011-12 |
|
Federal Court |
7 |
|
Federal Magistrates Court |
11 |
|
AIRC / FWA |
0 |
|
Total |
18 |
TABLE 2.24 NATURE OF ALLEGATIONS OF PROCEEDINGS COMMENCED 1 JULY 2011 – 31 MAY 2012
|
Cases commenced |
2011-12 |
|
Unlawful industrial action |
10 |
|
Freedom of association |
1 |
|
Coercion |
1 |
|
Right of entry |
0 |
|
Strike pay |
0 |
|
Discrimination |
0 |
|
Sham Contracting |
5 |
|
Wages and entitlements |
1 |
|
Non Compliance with Notices |
0 |
|
Total |
18 |
NOTE: EACH CASE IS COUNTED ONLY ONCE. WHERE A CASE INVOLVES MORE THAN ONE TYPE OF ALLEGATION THE TYPE OF ALLEGATION MOST CENTRAL TO THE PROCEEDINGS IS REPORTED.
TABLE 2.25 PENALTIES IMPOSED AS AT 31 MAY 2012
|
|
2011-12 ($) |
|
Coercion |
2,000 |
|
Strike pay |
|
|
Unlawful industrial action |
1,061,660 |
|
Freedom of association |
19,240 |
|
Discrimination |
|
|
Right of entry |
60,500 |
|
Non-compliance with Notices |
19,000 |
|
Sham Contracting |
73,500 |
|
Total |
1,235,900 |