Australian Building and Construction Commissioner v Parker [2017] FCA 564

From the Federal Court of Australia:

INDUSTRIAL LAW – coercion – taking of action against another person – intent to coerce – need for an intent to negate choice – need for a high degree of compulsion

INDUSTRIAL LAW – intention – onus to establish affirmatively that action was not actuated by the reason alleged

INDUSTRIAL LAW – the taking of industrial action 

INDUSTRIAL LAW – breach of enterprise agreement

INDUSTRIAL LAW – accessorial liability – knowledge of essential matters which make up offence

INDUSTRIAL LAW – breach of civil penalty provisions

PRACTICE AND PROCEDURE – stay of proceeding pending resolution of criminal proceedings – stay refused – alleged contraventions “not substantially the same” 

PRACTICE AND PROCEDURE – Briginshaw standard – need to consider gravity of matters alleged 

PRACTICE AND PROCEDURE – withdrawal of an admission in defence – leave granted

Matthew White SC appeared with Michael Rennie for the Applicant.