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Law Society Northern Territory; PublicationNT; E-Journals




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Law -- Northern Territory -- Periodicals.; Law Society of the Northern Territory -- Periodicals.

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Law Society Northern Territory

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Issue no. 1

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Law Society Northern Territory

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53 B A L A N C E M A R C H 2 0 1 8 [97]-[98], Greenwood J relied on the extensive discussion of principles on whether particular parties owed fiduciary obligations to another from his judgment in the Full Court (with whom White J agreed) in Oliver Hume South East Queensland Pty Ltd v Investa Residential Group Pty Ltd [2017] FCAFC 141 at [236]-[269]. The Court held that Mr Woosup and Ms Tamwoy owed fiduciary obligations to members of the Ankamuthi native title claim group (at [101]-[104]) and that they had breached those obligations (at [154]). The Court granted declaratory relief and also made orders for the respondents to pay monies into court of the financial benefits they derived in breach of their fiduciary obligations (at [163][169]). I N D U S T R I A L L A W Freedom of association Contraventions of ss 346, 348 and 349 of the Fair Work Act 2009 (Cth) In Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Quest Apartments Case) [2017] FCA 1398 (30 Novembr 2017) the Court found contraventions of ss 349, 346 and 348 of the Fair Work Act 2009 (Cth) (FW Act) by the respondent union and Mr Farrugia, the unions representative and a shop steward. The contraventions arose from threats made and action taken by Mr Farrugia to prevent a worker from working on a construction site because he did not pay membership fees to the CFMEU. Following a contested trial, the Court found that the contraventions on 17 March 2014 by the shop steward were: A. a contravention of s 349 of the FW Act by knowingly making a false representation to two workers that each was obliged to engage in industrial activity by paying fees to the CFMEU in order to work on the site (at [53] and [58]) B. a contravention of s 348 of the FW Act by threatening to take action against a worker, by threatening to prevent him from working on the site if he did not pay fees to the CFMEU, with intent to coerce him to engage in industrial activity by paying the fees to the CFMEU (at [72]) C. a contravention of s 346(b) of the FW Act by taking adverse action against a worker, that is, prejudicing him in his employment or in relation to his performance of a contract or services, by threatening to prevent him from working on the site, because he had engaged in industrial activity by not paying the fees to the CFMEU (at [87] and [89]-[90]). There were also contraventions of s 348 (at [74]-[75]) and s 346(b) (at [87]-[90]) of the FW Act by the shop steward on 31 March 2014. The contravening conduct on 31 March 2014 was constituted by the shop steward taking action against the worker. The union was found to be liable for each of the contraventions by the shop steward pursuant to ss 363 and 793 of the FW Act (at [92]-[93]). The Court will have a further hearing on 5 February 2018 on final relief (specifically declarations and penalties). Dan Star QC is a Senior Counsel at the Victorian Bar, telephone (03) 9225 8757 or email danstar@vicbar.com. au. The full version of these judgments can be found at www.austlii.edu.au. Numbers in square brackets refer to a paragraph number in the judgment. mailto:danstar%40vicbar.com.au?subject= mailto:danstar%40vicbar.com.au?subject= http://www.austlii.edu.au

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