Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cruse v Construction, Forestry, Mining & Energy Union [2008] FCA 1267
INDUSTRIAL LAW – certified agreements – coercion of contractor to make a certified agreement – whether union delegate represented to contractor that certified agreement was mandatory to work on unionised construction site – whether false or misleading representation made about contractor's obligation to join an industrial association INDUSTRIAL LAW – organising to take action, or threatening to organise or take action, with intent to coerce another person not to engage, allocate particular responsibilities to, or have particular duties or responsibilities designated to, a building contractor – whether union delegates engaged in such conduct – whether negotiations or discussions with management amount to such conduct WORDS AND PHRASES – meaning of "other action" within meaning of s 170NC of Workplace Relations Act 1996 (Cth) Workplace Relations Act 1996 (Cth), ss 170NC, 298B, 298SC and 349 Building and Construction Industry Improvement Act 2005 (Cth), s 43(1) Hadgkiss v Sunland Constructions Pty Ltd (2007) 158 FCR 193, followed. National Tertiary Education Industry Union v Commonwealth of Australia (2002) 117 FCR 114, followed. Ponzio v Multiplex Ltd (2005) 145 IR 431; [2005] FCA 1410, followed. WARREN CRUSE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, ROBERT BANNISTER, BARRY HOFFMAN and SAM FRY
VID 108 OF 2007
MARSHALL J
22 AUGUST 2008 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 108 OF 2007
BETWEEN: WARREN CRUSE
Applicant
AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
First Respondent
ROBERT BANNISTER
Second Respondent
BARRY HOFFMAN
Third Respondent
SAM FRY
Fourth Respondent
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