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

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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

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