Hamberger v Construction Forestry Mining & Energy Union [2002] FCA 585

FEDERAL COURT OF AUSTRALIA

Hamberger v Construction Forestry Mining & Energy Union [2002] FCA 585

INDUSTRIAL LAW - Contravention of s 298P(3) and s 298K of the Workplace Relations Act 1996 (Cth) - penalty - matters to be taken into account - number of contraventions - whether one course of conduct - amount of penalty - where need for deterrence. Workplace Relations Act 1996 (Cth) s 170NF(1), s 298K, s 298P(3) Construction, Forestry, Mining and Energy Union v Coal & Allied Operations Pty Ltd (No 2) (1999) 94 IR 231 Appl Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v DMG Industries Pty Ltd (1999) 89 IR 360 Appl The Age Company Ltd v Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union [2000] FCA 1757 Appl Seven Network Operations Ltd v Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia [2001] FCA 672 Appl Employment Advocate v National Union of Workers [2000] 99 IR 376 Dist 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 9 MAY 2002

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