Hamberger v Construction Forestry, Mining & Energy Union [2000] FCA 1924

FEDERAL COURT OF AUSTRALIA

Hamberger v Construction Forestry Mining & Energy Union [2000] FCA 1924

INDUSTRIAL LAW - Freedom of association under Part XA of the Workplace Relations Act 1996 (Cth) - independent contractors refuse to join union - threat of industrial action against independent contractors because they are not or refuse to become members of a union - onus of proof - conduct of officer of industrial association acting as such as conduct of industrial association. CONSTITUTIONAL LAW - Constitutional validity of s 298B(2) and s 298S of the Workplace Relations Act 1996 (Cth). Workplace Relations Act 1996 (Cth) Employment Advocate v National Union of Workers [2000] FCA 710 Foll Rowe v Transport Workers' Union (1998) 90 FCR 95 Foll GTS Freight Management Pty Ltd v Transport Workers' Union of Australia (1990) 25 FCR 296 Cited R v Williams Ex parte Australian Building Construction Employees' and Builders' Labourers' Federation (1982) 153 CLR 402 Cited 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, MICHAEL RAVBAR AND DAVID HANNA Q103 OF 1999 COOPER J BRISBANE 22 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q103 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

MICHAEL RAVBAR

THIRD RESPONDENT

DAVID HANNA

FOURTH RESPONDENT