Hamberger v Construction Forestry Mining & Energy Union [2002] FCA 586

FEDERAL COURT OF AUSTRALIA

Hamberger v Construction Forestry Mining and Energy Union [2002] FCA 586

INDUSTRIAL LAW - Contravention of s 298S(2) of the Workplace Relations Act 1996 (Cth) - penalty - matters to be taken into account - amount of penalty - where need for deterrence. Workplace Relations Act 1996 (Cth) s 170NF(1), s 298S(2)

Construction, Forestry, Mining and Energy Union v Coal & Allied Operations Pty Ltd (No 2) (1999) 94 IR 231 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, MICHAEL RAVBAR AND DAVID HANNA Q103 of 1999 COOPER J BRISBANE 9 MAY 2002

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

JUDGE: COOPER J

DATE OF ORDER: 9 MAY 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT pursuant to s 170NF(1) of the Workplace Relations Act 1996 (Cth) : 1. A penalty of $5,000 be imposed on the second respondent for contravention of s 298S(2) of the Act on 4 March 1999. 2. A penalty of $750 be imposed on the fourth respondent for contravention of s 298S(2) of the Act on 4 March 1999. 3. Each of the penalties so imposed be paid into the Consolidated Revenue Fund. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.