Australian Building Construction Employees & Builders Labourers Federation v Employment Advocate [2001] FCA 1443

FEDERAL COURT OF AUSTRALIA

Australian Building Construction Employees & Builders' Labourers'

Federation v Employment Advocate [2001] FCA 1443

PRACTICE AND PROCEDURE – appeals – whether leave to appeal required – whether declaration of contravention of s 298P(3) of the Workplace Relations Act 1996 is final or interlocutory order where question of penalty deferred – where some orders final and appeals interrelated. INDUSTRIAL RELATIONS – definition of "industrial action" in s 298B of the Workplace Relations Act 1996 – whether industrial action "against" persons for purposes of s 298S. INDUSTRIAL RELATIONS – contravention of ss 298S(2)(b) and 298P(3) of the Workplace Relations Act 1996 – whether action against employer must be against employer in that capacity. Workplace Relations Act 1996 (Cth) ss 298B, 298P, 298S, 298V Federal Court Rules O29 r2 Landsal Pty Ltd v REI Building Society, now the Cooperative Building Society of South Australia (1993) 41 FCR 421 referred to French Caledonia Travel Service Pty Ltd (t/a Connection Holidays) v Elatri, unreported, FCA, Full Court, 22 May 1992 referred to Magman International Pty Ltd v Westpac Banking Corporation (1991) 32 FCR 1 referred to Arrowcrest Group Pty Ltd v Gill (1993) 46 FCR 90 referred to Malouf v Malouf (1999) 86 FCR 134 referred to R v DeMarchi [1983] 1 VR 619 referred to Williams, Civil Procedure Victoria AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES AND BUILDERS' LABOURERS' FEDERATION (QUEENSLAND BRANCH) UNION OF EMPLOYEES, DAVID HANNA v JONATHAN HAMBERGER, THE EMPLOYMENT ADVOCATE Q5 of 2001 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, DAVID HANNA Q28 of 2001 LEE, FINN & MERKEL JJ CANBERRA (HEARD IN BRISBANE) 18 OCTOBER 2001