Alfred v Construction, Forestry, Mining and Energy Union [2012] FCA 450

FEDERAL COURT OF AUSTRALIA

Alfred v Construction, Forestry, Mining and Energy Union [2012] FCA 450 Citation: Alfred v Construction, Forestry, Mining and Energy Union [2012] FCA 450

Parties: GREGORY ALFRED v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and JOHN CONSTANTINOU

File number: VID 806 of 2010

Judge: BROMBERG J

Date of judgment: 2 May 2012

Catchwords: INDUSTRIAL LAW – freedom of association - whether demand made by union official for employees to join a union in contravention of ss 346, 348, and 349 of the Fair Work Act 2009 (Cth) – whether identity of union official alleged to have made the demand established – application dismissed EVIDENCE – s 45(3)(c) Evidence Act 1995 (Cth) – cross examination on alleged prior inconsistent statement contained in a document – whether document should be admitted into evidence

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 44, 57 Evidence Act 1995 (Cth) ss 45, 140(2) Fair Work Act 2009 (Cth) ss 12, 342, 346(a) and (b), 348, 349(1)(a), 361, 570, 793(1)(a), s 793(2) Fair Work (Registered Organisations) Act 2009 (Cth)

Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Liquor, Hospitality and Miscellaneous Union v Arnotts Biscuits Limited [2010] FCA 770 Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2008] FCA 678 Australian Building and Construction Commissioner v Abbott (No 2) [2011] FCA 308