Construction Forestry Mining & Energy Union v Hamberger [2003] FCAFC 38

FEDERAL COURT OF AUSTRALIA

Construction Forestry Mining & Energy Union v Hamberger [2003] FCAFC 38

INDUSTRIAL LAW – whether findings by trial judge should be set aside on appeal – whether forced removal of a worker from a worksite was sufficient to constitute injury to them in their employment – whether the judge sought to discriminate between financial and non-financial members for the purposes of s 298L(1) of the Act – whether an industrial association can be found to have acted in deliberate disregard and defiance of the provisions of Part XA of the Act because it does not lead evidence to the contrary Workplace Relations Act 1996 (Cth) ss 298B, 298K, 298L, 298P, 298U, Part XA Construction, Forestry, Mining & Energy Union v Employment Advocate [2001] FCA 1442 Construction, Forestry, Mining and Energy Union v Coal & Allied Operations Pty Ltd (No 2) (1999) 94 IR 231 cited Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v DMG Industries Pty Ltd (1999) 89 IR 360 cited The Age Company Ltd v Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union [2000] FCA 1757 cited Seven Network Operations Ltd v Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia [2001] FCA 672 cited Employment Advocate v National Union of Workers [2000] 98 IR 302 cited State Railway Authority v Earthline Constructions (1999) 160 ALR 588 referred to Devries v Australia National Railways Commission (1993) 173 CLR 472 mentioned Rosenberg v Percival (2001) 205 CLR 434 mentioned CONSTRUCTION FORESTRY MINING AND ENERGY UNION and MICHAEL RAVBAR v JONATHON HAMBERGER, THE EMPLOYMENT ADVOCATE No Q 83 of 2002 SPENDER, DRUMMOND, MARSHALL JJ BRISBANE 10 MARCH 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 83 OF 2002