Federal Court of Australia
Federal Court of Australia
Construction, Forestry, Maritime, Mining and Energy Union v Boggabri Coal Operations Pty Ltd [2021] FCAFC 211 Appeal from: Construction, Forestry, Maritime, Mining and Energy Union & Anor v Boggabri Coal Operations Pty Ltd [2021] FCA 719
File number: NSD 696 of 2021
Judgment of: RANGIAH, O'CALLAGHAN and SNADEN JJ
Date of judgment: 23 November 2021
Catchwords: INDUSTRIAL LAW – whether industrial action was taken prior to other, protected industrial action – whether amounts deducted from remuneration were properly withheld on account of earlier industrial action – second appellant took steps to shut down machinery ahead of planned protected industrial action – direction to work "right up to" time of planned action – whether preparatory steps involved performance of work in a non-customary manner – whether preparatory steps were "authorised or agreed to by" respondent – preparatory steps amounted to industrial action – deductions properly made – appeal dismissed
Legislation: Fair Work Act 2009 (Cth) ss 19, 50, 323, 409, 413, 414, 415, 474, 570
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 33
Date of hearing: 19 November 2021
Counsel for the Appellants: Mr S Crawshaw S.C. with Mr S Mueller
Solicitor for the Appellants: Construction, Forestry, Maritime, Mining & Energy Union
Counsel for the Respondent: Mr Y Shariff S.C. with Ms V Bulut
Solicitor for the Respondent: Ashurst
ORDERS NSD 696 of 2021
BETWEEN: CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION First Appellant
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