NINEMSN and AAP
May 29, 1999
http://news.ninemsn.com.au/01_national/story_692.asp

Legal blunder gives Reith room

AAP -- A legal blunder by union solicitors has given federal Workplace
Relations Minister Peter Reith some breathing space in his courtroom battle
over Melbourne's Federation Square.

Law firm Maurice Blackburn spent an embarrassing day in the Federal Court
yesterday, where Justice Shane Marshall told them to file the case properly
so it could be heard again next week.

The Electrical Trades Union (ETU) wants to see Mr Reith and Victorian
Premier Jeff Kennett each fined up to $2,000 for breaching the act they
have come to hate - the federal Workplace Relations Act.

Similar action has been taken by the Construction, Forestry Mining and
Energy Union (CFMEU) against Employment Advocate Jonathan (Jonathan) Hamberger.

Justice Marshall juggled both cases today, hearing argument from the unions
the three breached the act by seeking to overturn a working conditions
agreement between workers and Multiplex, the developer of Melbourne's
Federation Square project.

But, in a twist of irony, it was revealed during a cross-examination of ETU
state secretary Dean Mighell a fresh agreement was in the process of being
signed - an event seized on by Mr Kennett's lawyer, Dr Chris Jessup.

"How can there be any coercion when a fresh agreement is being freely
signed by other unions?" he asked.

Mr Mighell replied he had not signed the fresh agreement and would not.

Justice Marshall ruled that today's hearing against Mr Reith could not
proceed because essential documents had not been properly filed, and it
will now go ahead on Tuesday.

Major Melbourne union legal firm Maurice Blackburn was forced to file fresh
papers during the lunch break after Mr Reith's lawyer - former solicitor
general Dr Gavan Griffith, QC - argued the minister had been denied natural
justice.


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