Hadgkiss v Blevin [2004] FCA 697

FEDERAL COURT OF AUSTRALIA

Hadgkiss v Blevin [2004] FCA 697 INDUSTRIAL LAW – employment of non-trade union member in building industry – requirement by trade union officer of employer that employee become a member of the trade union for that industry – threat of 'trouble' if employee did not do so – conduct constituting advice encouragement or incitement of employer or threat to organise industrial action with intent to coerce employer to dismiss or injure employee – employee absent from work in reaction to threat – thereafter employee returned to work and simultaneously joined the Union – finding of statutory breach – penalty to be assessed – compensation to dissenting employee to be assessed Workplace Relations Act 1996 (Cth) ss 3(f), 298A, 298B(1) and (2), 298K(1), 298L(1), 298P(3), 298T(1) and (2)(d), 298U, 298V and 298X Rowe v Transport Workers' Union (1998) 90 FCR 95 The Employment Advocate v National Union Of Workers (2000) 100 FCR 454 Employment Advocate v Williamson (2001) 111 FCR 20 Hadgkiss v Blevin & Ors [2003] FCA 1167 Minister for Natural Resources v NSW Aboriginal Land Council (1987) 9 NSWLR 154 McLean Brothers & Rigg Ltd v Grice (1906) 4 CLR 835 Refrigerated Express Lines (A'asia) Pty Ltd v Australian Meat and Livestock Corporation (1979) 42 FLR 204 Australian Competition and Consumer Commission v FFE Building Services Ltd [2003] FCAFC 132 Reid v Howard (1975) 184 CLR 1 Alfred v Walter Construction Group Ltd [2003] FCA 993 Maritime Union of Australia v Geraldton Port Authority (1999) 93 FCR 34 Watson v Foxman (2000) 49 NSWLR 315 Australian Municipal, Administrative, Clerical & Services Union v Ansett Australia Ltd [2000] FCA 441 Davids Distribution Pty Ltd v National Union of Workers (1999) 91 FCR 463 Greater Dandenong City Council v Australian Municipal, Clerical and Services Union (2001) 184 ALR 1 Construction, Forestry, Mining and Energy Union v Coal and Allied Operations Pty Ltd [1999] FCA 1531 C Jessup QC, 'The Onus of Proof in Proceedings under Part XA of the Workplace Relations Act 1996, Australian Journal of Labour Law, Vol 15, 2002 pp 198-208