Construction, Forestry, Mining & Energy Union v Hamberger (Employment Advocate) [1999] FCA 693

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining & Energy Union v Hamberger (Employment Advocate) [1999] FCA 693 INDUSTRIAL LAW – Interlocutory relief – injunction – whether serious issue to be tried – hearsay evidence – whether the respondent in breach of s170NC of the Workplace Relations Act 1996 (Cth) – prejudice – balance of convenience Workplace Relations Act 1996 (Cth) ss 170NC, 170LM(2) Bullock v Federated Furnishing Trades Society of A/asia (1985) 5 FCR 464, applied

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v JONATHAN HAMBERGER (in his capacity as the EMPLOYMENT ADVOCATE) V 259 of 1999 MARSHALL J MELBOURNE 21 MAY 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 259 OF 1999

BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

Applicant

AND: JONATHAN HAMBERGER in his capacity as the EMPLOYMENT ADVOCATE

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 21 MAY 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

Upon the applicant giving the usual undertakings as to damages:

1. Until 4.30 pm on Friday, 28 May 1999 or further order, the respondent be restrained by himself, his servants or agents or otherwise from taking or threatening to take any action with intent to coerce: (a) Multiplex Constructions Pty Ltd; (b) the applicant; (c) the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; or (d) the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

not to seek to certify or vary the Federation Square Productivity Agreement, an agreement in accordance with Division 2 or Division 3 of Part VIB of the Act. 2. The hearing of the application for the extension of interlocutory relief and the directions hearing be adjourned to 10.15 am on Friday, 28 May 1999. 3. Liberty to apply on not less than 24 hours written notice to each other party. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.