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

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

The applicant failed to prove to the requisite Briginshaw standard that Mr John Constantinou was the union official who made the alleged representations or threats; failure to establish identity was fatal to all alleged contraventions and the application was dismissed.

Parties
Applicant: Gregory Alfred; First Respondent: Construction, Forestry, Mining and Energy Union; Second Respondent: John Constantinou
Jurisdiction
Australia
Judgment Date
02 May 2012
Procedural Posture
Application for Penalties and Declarations (civil) / Judgment After Final Hearing
Outcome
Application dismissed
Legal Topics
Freedom of Association, Union Membership Requirements, Contravention of Fair Work Act, Admissibility of Prior Inconsistent Statements
Industrial Law Evidence Freedom of Association Union Membership Requirements Contravention of Fair Work Act Admissibility of Prior Inconsistent Statements

Case Brief

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Parties

Gregory Alfred

Applicant

Construction, Forestry, Mining and Energy Union

First Respondent

John Constantinou

Second Respondent

Procedural Posture

Application for Penalties and Declarations (civil) / Judgment After Final Hearing

Legal Issues

  1. 1 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)
  2. 2 Whether identity of union official alleged to have made the demand established
  3. 3 Admissibility under s 45(3)(c) Evidence Act 1995 (Cth) of a document containing a prior inconsistent statement

Ratio Decidendi

The applicant failed to prove to the requisite Briginshaw standard that Mr John Constantinou was the union official who made the alleged representations or threats; failure to establish identity was fatal to all alleged contraventions and the application was dismissed.

Court Disposition

Application dismissed

Orders

  • The applicant's Application be dismissed.
  • No order as to costs.