PENALTY PROCEEDINGS

In 2012-13, FWBC commenced 13 penalty proceedings. Table 2.18 details the results of proceedings as at 30 June 2013.

Table 2.19 details the penalties imposed as at 30 June 2013 by allegation type.

TABLE 2.18 RESULTS OF PROCEEDINGS AS AT 30 JUNE 2013

Results of proceedings 1 June 2012 to
30 June 2012
1 July 2012 to
30 June 2013
Active at start of period 25*

23

Commenced

 

1

 

13

 

Completed successfully

 

2

 

10

 

Completed unsuccessfully

 

1

 

0

 

Discontinued

 

0

 

4

 

Ongoing

 

23

 

22

 

Note: *These cases were inherited on 1 June 2012 from FWBC’s predecessor agency

 

TABLE 2.19 PENALTIES IMPOSED AS AT 30 JUNE 2013

Penalties imposed

 

1 June 2012 to
30 June 2012

1 July 2012 to
30 June 2013

Coercion

30,000.00

125,000.00

Strike pay

 

 

Unlawful industrial action

 

641,400.00

Freedom of association

3,500.00

8,580.00

Discrimination

 

 

Right of entry

 

 

Non-compliance with notices

 

 

Sham contracting

 

21,880.00

Pay and entitlements

 

1,800.00

Total

33,500.00

798,660.00

 

The following three tables relate to penalty proceedings commenced by FWBC.

TABLE 2.20 RESULTS OF PROCEEDINGS COMMENCED BY FWBC

Results of proceedings

1 July 2012 to
30 June 2013

 

Successful

3

Unsuccessful

0

Discontinued

1

Ongoing

10

Total

14

 

TABLE 2.21 VENUE OF PROCEEDINGS COMMENCED BY FWBC

Venue of proceedings

1 June 2012 to
30 June 2012

1 July 2012 to
30 June 2013

Federal Court

0

7

Federal Circuit Court of Australia

1

6

AIRC / FWA / FWC

0

0

Total

1

13

 

 

TABLE 2.22 NATURE OF ALLEGATIONS OF PROCEEDINGS COMMENCED BY FWBC

Nature of allegations of proceedings

1 June 2012 to
30 June 2012

1 July 2012 to
30 June 2013

Unlawful industrial action

0

4

Freedom of association

1

0

Coercion

0

3

Right of entry

0

0

Strike pay

0

0

Discrimination

0

0

Sham contracting

0

1

Wages and entitlements

0

4

Non compliance with notices

0

0

Adverse action

0

1

Total

1

13

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 selected.