Grant v BHP Coal Pty Ltd [2017] FCAFC 42

FEDERAL COURT OF AUSTRALIA

Grant v BHP Coal Pty Ltd [2017] FCAFC 42 Appeal from: Grant v BHP Coal Pty Ltd (No 2) [2015] FCA 1374

File number: QUD 1162 of 2015

Judges: DOWSETT, BARKER AND RANGIAH JJ

Date of judgment: 10 March 2017

Catchwords: INDUSTRIAL LAW – appeal against primary judge's dismissal of challenge to decisions of the Fair Work Commission – whether dismissal was harsh, unjust or unreasonable –whether the Coal Mining Safety and Health Act 1999 (Qld) provides authority for employer to direct employees to attend medical appointments – obligations of coal mine workers to discharge their safety and health obligations – whether legislature clearly intended to abrogate or suspend a right, freedom, or immunity – whether employer has implied contractual right to direct employees to attend medical examinations – whether privilege against self-incrimination applies in the sphere of employment – appeal dismissed

Legislation: Fair Work Act 2009 (Cth) ss 385, 385(b), 387, 387(a), 394(1) Judiciary Act 1903 (Cth) s 39B Coal Mining Safety and Health Act 1999 (Qld) ss 6, 26, 29, 33, 34, 37, 38, 39, 42, 46, 48, 282, Schedule 2 Coal Mining Safety and Health Regulation 2001 (Qld) ss 5, 42 and 46 Legislative Standards Act 1992 (Qld) s 4 Explanatory notes, Coal Mining Safety and Health Bill 1999 (Qld)

Cases cited: Accident Insurance Mutual Holdings Ltd v McFadden (1993) 31 NSWLR 412 Anderson v Australian Securities and Investments Commission [2012] QCA 301 Coco v The Queen (1994) 179 CLR 427 Edwards v North Goonyella Coal Mines Pty Ltd [2005] QSC 242 Gemmell v Le Roi Homestyle Cookies Pty Ltd (in liq) [2014] VSCA 182 Lee v New South Wales Crime Commission (2013) 251 CLR 196 Microsoft Corporation v CX Computer Pty Ltd (2002) 116 FCR 372 Murray Irrigation Ltd v Balsdon [2006] NSWCA 253 Police Service Board v Morris (1985) 156 CLR 397 R v The Darling Island Stevedoring and Lighterage Company Limited; Ex parte Halliday and Sullivan (1938) 60 CLR 601 Re Australian Property Holdings (in liq) No 2 (2012) 93 ACSR 130 Re Trade Practices Commissioner v Arnotts Limited [1989] FCA 256 Sorby v The Commonwealth (1983) 152 CLR 281 Starr v National Coal Board [1977] 1 All ER 243 X7 v Australian Crime Commission (2013) 248 CLR 92]