Hamberger v Construction Forestry, Mining & Energy Union [2000] FCA 1923

FEDERAL COURT OF AUSTRALIA

Hamberger v Construction Forestry, Mining & Energy Union [2000] FCA 1923 INDUSTRIAL LAW - Freedom of association under Part XA of the Workplace Relations Act 1996 (Cth) - employee declines to join union - conduct by officers of union - seeking removal of employee from site - injury of employee in his or her employment - to alter position of an employee to the employee's prejudice. CONSTITUTIONAL LAW - Constitutional validity of s 298B(2) and s 298S of the Workplace Relations Act 1996 (Cth). WORDS AND PHRASES - "advise, encourage or incite". Workplace Relations Act 1996 (Cth) Employment Advocate v National Union of Workers [2000] FCA 710 Foll Bennett v Milliner (1959) 1 FLR 312 Cited Ansett Transport Industries (Operations) Pty Ltd v Australian Federation of Air Pilots [1991] 1 VR 637 Cited Linehan v Northwest Exports Pty Ltd (1981) 57 FLR 49 Cited Rowe v Transport Workers' Union of Australia (1998) 90 FCR 95 Foll JONATHAN HAMBERGER, THE EMPLOYMENT ADVOCATE v CONSTRUCTION FORESTRY, MINING AND ENERGY UNION, AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES AND BUILDERS' LABOURERS' FEDERATION (QUEENSLAND BRANCH) UNION OF EMPLOYEES, JAMIE McHUGH, MICHAEL RAVBAR AND DARREL KERSEY Q43 OF 1999 COOPER J BRISBANE 22 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q43 OF 1999

BETWEEN: JONATHAN HAMBERGER, THE EMPLOYMENT ADVOCATE

APPLICANT

AND: CONSTRUCTION FORESTRY, MINING AND ENERGY UNION

FIRST RESPONDENT

AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES AND BUILDERS' LABOURERS' FEDERATION (QUEENSLAND BRANCH) UNION OF EMPLOYEES

SECOND RESPONDENT

JAMIE McHUGH

THIRD RESPONDENT

MICHAEL RAVBAR

FOURTH RESPONDENT