Hadgkiss v Construction, Forestry, Mining and Energy Union (No. 3) [2007] FCA 87

Hadgkiss v Construction, Forestry, Mining and Energy Union (No. 3) [2007] FCA 87

False or misleading representations were made by or on behalf of the third and fourth respondents (and thus imputed to the first and second respondents) to certain workers that they were obliged to join the union to work on specified sites, in contravention of s 298SC(c) of the Workplace Relations Act 1996 (Cth). The Court rejected intent as a requirement for liability under s 298SC(c). The applicant did not establish contraventions of s 298S(2)(a) or s 170NC, as the necessary statutory criteria were not met.

Parties
Applicant: Nigel Clive Hadgkiss; First Respondent: Construction, Forestry, Mining and Energy Union; Second Respondent: Construction, Forestry, Mining and Energy Union (New South Wales Branch); Third Respondent: Edmond Casper; Fourth Respondent: Michael Lane
Jurisdiction
Australia
Judgment Date
09 February 2007
Procedural Posture
Civil / Judgment After Trial
Outcome
Declarations of contraventions of s 298SC(c) against all respondents; cause stood over for submissions on other relief and costs.
Legal Topics
False or Misleading Representations Regarding Union Membership Obligations, Freedom of Association, Discrimination in Industrial Relations, Vicarious Liability of Unions for Officers' Conduct
Industrial Relations Employment Law False or Misleading Representations Regarding Union Membership Obligations Freedom of Association Discrimination in Industrial Relations Vicarious Liability of Unions for Officers' Conduct

Case Brief

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Parties

Nigel Clive Hadgkiss

Applicant

Construction, Forestry, Mining and Energy Union

First Respondent

Construction, Forestry, Mining and Energy Union (New South Wales Branch)

Second Respondent

Edmond Casper

Third Respondent

Michael Lane

Fourth Respondent

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether false or misleading representations were made regarding workers' obligations to join a union under the Workplace Relations Act 1996 (Cth) s 298SC(c)
  2. 2 Whether advice, encouragement or incitement was given to take discriminatory action in breach of s 298S(2)(a)
  3. 3 Whether threats of industrial action were made with intent to coerce agreements in breach of s 170NC

Ratio Decidendi

False or misleading representations were made by or on behalf of the third and fourth respondents (and thus imputed to the first and second respondents) to certain workers that they were obliged to join the union to work on specified sites, in contravention of s 298SC(c) of the Workplace Relations Act 1996 (Cth). The Court rejected intent as a requirement for liability under s 298SC(c). The applicant did not establish contraventions of s 298S(2)(a) or s 170NC, as the necessary statutory criteria were not met.

Court Disposition

Declarations of contraventions of s 298SC(c) against all respondents; cause stood over for submissions on other relief and costs.

Orders

  • Parties to bring in Short Minutes for declarations in accordance with the reasons for judgment.
  • Proceedings stood over for submissions on other relief and costs.