Australian Building and Construction Commissioner v McConnell Dowell Constructors (Aust) Pty Ltd [2012] FCAFC 93

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v McConnell Dowell Constructors (Aust) Pty Ltd [2012] FCAFC 93 Citation: Australian Building and Construction Commissioner v McConnell Dowell Constructors (Aust) Pty Ltd [2012] FCAFC 93

Appeal from: Helal v McConnell Dowell Constructors (Aust) Pty Ltd (No 3) [2011] FCA 1344

Parties: AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER v MCCONNELL DOWELL CONSTRUCTORS (AUST) PTY LTD (ACN 002 929 017)

File number: VID 1453 of 2011

Judges: BUCHANAN, FLICK AND KATZMANN JJ

Date of judgment: 29 June 2012

Catchwords: INDUSTRIAL LAW – discrimination – discriminate against – lack of evidence as to adverse effect – appeal dismissed STATUTORY INTERPRETATION – use of similar phrases in other statutes as aid to construction – judicial consideration of same phrase in other statute guidance only WORDS AND PHRASES – "discriminate against" – whether adverse impact required or mere differential treatment – adverse impact required

Legislation: Acts Interpretation Act 1901 (Cth) ss 13, 15AA Age Discrimination Act 2004 (Cth) ss 21, 22 Anti-Discrimination Act 1977 (NSW) s 24 Building and Construction Industry Improvement Act 2005 (Cth) ss 3, 4, 43, 44, 45, 46, 49 Commonwealth of Australia Constitution Act ss 51(ii), 102, 117. Corporations Act 2001 (Cth) s 232 Defence Reserve Service (Protection) Act 2001 (Cth) s 16 Disability Discrimination Act 1992 (Cth) ss 22, 23 Equal Opportunity Act 1984 (Vic) ss 7, 17 Fair Work Act 2009 (Cth) s 195, 354 Fair Work (Registered Organisations) Act 2009 (Cth) s 21 Federal Court of Australia Act 1976 (Cth) ss 21, 31A Parliamentary Service Act 1999 (Cth) s 16 Private Health Insurance Act 2007 (Cth) s 66-1 Sex Discrimination Act 1984 (Cth) s 25 Telecommunications Act 1997 (Cth) Schedule 3, cl 44 Workplace Relations Act 1996 (Cth) s 298K