Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Castlemaine Police Station Case) [2018] FCAFC 15 Appeal from: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCA 197
File number: VID 306 of 2017
Judges: DOWSETT, TRACEY AND CHARLESWORTH JJ
Date of judgment: 12 February 2018
Catchwords: INDUSTRIAL LAW – appeal from a judgment of the Federal Court of Australia where certain findings of fact were made by the trial judge in relation to the conduct of a permit holder – where the trial judge found that the permit holder did not "act in an improper manner" within the meaning of s 500 of the Fair Work Act 2009 (Cth) – whether the trial judge erred at law by failing to find that the permit holder had acted in an improper manner
Legislation: Building Construction Industry (Consequential and Transitional Provisions) Act 2016 (Cth) Sch 2 cl 19 Fair Work Act 2009 (Cth) ss 12, 480, 487, 489, 495, 497, 498, 500, 512, Pt 3-4 Fair Work (Building Industry) Act 2012 (Cth) ss 51, 51(2), 51(3), 51(4), 51(5) Federal Court of Australia Act 1976 (Cth) ss 4, 24(1) Occupational Health and Safety Act 2004 (Vic)
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCA 802 Australian Building and Construction Commissioner v Upton (The Gorgon Project Case) (2017) 270 IR 190; [2017] FCA 847 Brinds Ltd v Offshore Oil NL (1985) 60 ALJR 185 Director of the Fair Work Building Industry Inspectorate v Bragdon (2015) 147 ALD 373; [2015] FCA 668 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 199 Director of the Fair Work Building Industry Inspectorate v Upton [2015] FCA 672 Mahon v Air New Zealand Ltd [1984] AC 808 Setka v Gregor (No 2) (2011) 195 FCR 203; [2011] FCAFC 90
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate