Hamberger (Employment Advocate) v Williamson and Construction, Forestry, Mining and Energy Union [2000] FCA 1644

FEDERAL COURT OF AUSTRALIA

Hamberger (Employment Advocate) v Williamson and Construction, Forestry, Mining and Energy Union [2000] FCA 1644

INDUSTRIAL LAW - whether, in contravention of s298P(3) of the Workplace Relations Act 1996 (Cth), the first and second respondents advised, encouraged, incited or coerced employer to take action in relation to employee prohibited by s298K of the Workplace Relations Act 1996 (Cth) EVIDENCE - circumstances in which evidence of alleged contravention of s298P(3) of the Workplace Relations Act 1996 (Cth) obtained - whether Court should exercise its discretion pursuant to s138(1) of the Evidence Act 1995 (Cth) to exclude from evidence in proceeding a tape recording, and transcript of that tape recording, of a conversation between shop steward of second respondent and representative of sub - contractor on building site - factors to be taken into account when exercising discretion NO CASE SUBMISSION – counsel put to his election having regard to relevance of credibility of a witness Workplace Relations Act 1996 (Cth) ss83BI, 298P(3), 298T(2)(d), 298U

Evidence Act 1995 (Cth) ss138(1), 138(2), 138(3) Lee v Lee's Air Farming Ltd [1961] AC 12 followed

ACCC v Amcor (1999) 169 ALR 344, [2000] FCA 17 followed JONATHAN HAMBERGER, THE EMPLOYMENT ADVOCATE v IAN WILLIAMSON AND CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION V 82 OF 1999 MARSHALL J MELBOURNE 23 NOVEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 82 OF 1999

BETWEEN: JONATHAN HAMBERGER, THE EMPLOYMENT ADVOCATE

APPLICANT

AND: IAN WILLIAMSON

FIRST RESPONDENT

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

SECOND RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 23 NOVEMBER 2000

WHERE MADE: MELBOURNE