Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v Hall [2018] FCAFC 83 Appeal from: Australian Building and Construction Commissioner v Hall (2017) 269 IR 1; [2017] FCA 274
File number: ACD 25 of 2017
Judges: TRACEY, REEVES AND BROMWICH JJ
Date of judgment: 31 May 2018
Catchwords: INDUSTRIAL LAW – appeal from a judgment of the Federal Court of Australia – where the primary judge had found that the Australian Building and Construction Commissioner had failed to establish that employees of the Construction, Forestry, Mining and Energy Union, and the union itself, had contravened ss 340, 343, 355 of the Fair Work Act 2009 (Cth) – whether the primary judge erred in applying the presumptions in ss 360 and 361 of the Fair Work Act 2009 (Cth)
Legislation: Evidence Act 1995 (Cth) ss 140, 140(2) Fair Work Act 2009 (Cth) Pt 3-1, ss 340, 340(1)(a), 341, 341(1)(b), 341(2)(e), 342(1) item 7(c), 342(2), 343, 343(1)(a), 343(1)(b), 355, 360, 361, 361(1)(a), 361(1)(b), 361(1), 550 Workplace Relations Act 1996 (Cth) s 298V
Cases cited: Australian Building and Construction Commissioner v Hall (2017) 269 IR 1; [2017] FCA 274 Banque Commerciale S.A., En Liquidation v Akhil Holdings Limited (1990) 169 CLR 279 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (No 1) (2012) 248 CLR 500; [2012] HCA 32 Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd (2015) 238 FCR 273; [2015] FCAFC 157 Construction, Forestry, Mining and Energy Union v Endeavour Coal Pty Ltd (2015) 231 FCR 150; [2015] FCAFC 76 Construction, Forestry, Mining and Energy Union v McCorkell Constructions Pty Ltd (No 2) (2013) 232 IR 290; [2013] FCA 446 Dare v Pulham (1982) 148 CLR 658 Davids Distribution Pty Ltd v National Union of Workers (1999) 91 FCR 463; [1999] FCA 1108 Esso Australia Pty Ltd v Australian Workers' Union (2016) 245 FCR 39; [2016] FCAFC 72 Esso Australia Pty Ltd v Australian Workers' Union (2017) 350 ALR 404; [2017] HCA 54 Gallagher v Cendak [1988] VR 731 Kernel Holdings Pty Ltd v Rothmans of Pall Mall (Australia) Pty Ltd (1991) 217 ALR 171; [1991] FCA 557 Milardovic v Vemco Services Pty Ltd (Administrators Appointed) [2016] FCA 19 RailPro Services Pty Ltd v Flavel (2015) 242 FCR 424; [2015] FCA 504 Tattsbet Ltd v Morrow (2015) 233 FCR 46; [2015] FCAFC 62
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