Morrison contempt case a cautionary tale

MELBOURNE: The issue of outworker exploitation has re-ignited following reports of a possible jail term for contempt of court for the owner of a liquidated Melbourne company. 

Brian Morrison, proprietor of wholesale business Morrison Country Clothing (MCC), has been found to have "wilfully" disobeyed a court order handed down in September last year, requiring him to provide documentation requested by the Textile Clothing and Footwear Union (TCFUA) as part of outworker investigations.

A statement from the court said case judge Justice Tracey found Morrison was aware of what was required to comply with the court order and that non-compliance was not casual, accidental or unintentional. He was also found to be personally liable for non-compliance, although MCC went into liquidation in July this year.

The case was initially brought in November 2006 after the TCFUA began proceedings against MCC alleging it had "given work out" but failed to comply with the Clothing Trades Award. The company failed to appear throughout the proceedings and did not file a defence. TCFUA national secretary Michele O'Neil welcomed the court's decision.

"Operators in the industry need to understand that if they fail to comply with the Award, refuse to provide the union with information and documents and prevent us from protecting vulnerable workers from exploitation, the union will take them to court and we will seek to have those who defy court orders punished."

One clothing company previously involved in a similar case described Morrison's failure to defend himself or comply with court orders as "foolish". Scott Robinson, proprietor of Queensland company Aussie Mills, joined forces with another company Seaborne Clothing against the Queensland TCFUA, in a case over alleged award breaches in relation to outworkers.

The case was dropped by the union in early 2007, reportedly because the defendants successfully claimed the definition of outworkers as contractors in the Award was inaccurate. Robinson said his experience of the union had shown it would "vigorously" pursue companies it deemed in breach of the award.

"If Morrison was doing the wrong thing then he should be pursued. But it was very foolish not to defend himself if he was doing the right thing."  A penalty hearing for the MCC case has been scheduled for October 10. The company declined to comment to Ragtrader.

By Belinda Smart