Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Pilbara Iron Company (Services) Pty Ltd (No. 2) [2012] FCA 47 Citation: Construction, Forestry, Mining and Energy Union v Pilbara Iron Company (Services) Pty Ltd [2012] FCA 47
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and DARYL LAMBERTH v PILBARA IRON COMPANY (SERVICES) PTY LTD (ACN 107 210 248)
File number: NSD 1928 of 2011
Judge: KATZMANN J
Date of judgment: 3 February 2012
Catchwords: INDUSTRIAL LAW — Whether evidence of an employer's attitude to, or relationship with, a trade union is relevant to assessing denials that adverse action was taken against an employee because of his membership or associations with the union EVIDENCE — Evidence Act 1995 (Cth) – relevance – hearsay– whether s 64(2) exception applies – tendency evidence –opinion evidence – credibility rule – whether s 106 exception applies – whether leave should be given under s 106(1)(b) – consideration of matters in s 192(2) when giving leave
Legislation: Evidence Act 1995 (Cth): ss 59, 60(1) and (2), 64(2), 67, 68, 76, 95, 97, 102, 106, 192(2) Evidence Amendment Act 2008 (Cth) Fair Work Act 2009 (Cth): ss 346, 360, 361(1)
Cases cited: Barclay v Board of Bendigo Regional Institute of Technical and Further Education (2011) 191 FCR 212
Date of hearing: 19, 20, 21, 22 and 23 December 2011 and 30 January 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 42
Counsel for the Applicants: Ms C Howell
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