Dorber v Construction, Forestry, Mining & Energy Union [2005] FCA 1565

FEDERAL COURT OF AUSTRALIA

Dorber v Construction, Forestry, Mining & Energy Union [2005] FCA 1565 INDUSTRIAL LAW – industrial action – whether threat of action or action was "with intent to coerce" a subcontractor to enter into an enterprise agreement – whether threat of action or action was to ensure payment by subcontractor of workers' income protection, superannuation and redundancy entitlements Workplace Relations Act 1996 (Cth) ss 84, 170NC, 170NF Industrial Relations Act 1999 (Qld) Australian Building Construction Employees and Builders' Labourers' Federation and Another v Employment Advocate (2001) 114 FCR 22 cited Hanley v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2000) 182 ALR 563 cited BRIAN DORBER v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and OTHERS No QUD 28 of 2004 SPENDER J BRISBANE 4 NOVEMBER 2005

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 28 OF 2004

BETWEEN: BRIAN DORBER

APPLICANT

AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

FIRST RESPONDENT

PETER CLOSE

SECOND RESPONDENT

MICHAEL RAVBAR

THIRD RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 4 NOVEMBER 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 28 OF 2004

BETWEEN: BRIAN DORBER

APPLICANT

AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

FIRST RESPONDENT

PETER CLOSE

SECOND RESPONDENT

MICHAEL RAVBAR

THIRD RESPONDENT

JUDGE: SPENDER J

DATE: 4 NOVEMBER 2005

PLACE: BRISBANE