INDUSTRIAL LAW - whether employee organisation organised and was involved in unlawful industrial action in contravention of s 417 of the Fair Work Act 2009 (Cth) (the Act) - whether cessation of work by employees based on a reasonable concern about an imminent risk to health or safety within the meaning of s 19(2)(c) of the Act - whether the applicant's pleaded case should be interpreted as it having to prove that "each and every" employee in an identified group engaged in employee action - no reasonable or evidentiary basis to apply such an interpretation - overwhelming evidence that employee organisation involved in and organised unlawful industrial action - applicant's case proved - respondent found to have contravened s 417 of the Act - respondent liable to imposition of pecuniary penalty
EVIDENCE - objections to admissibility of evidence of representations made by people not called to give evidence - evidence admitted - ruling that evidence relevant for a non-hearsay purpose - consideration of standard of proof in civil proceedings
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