Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction Forestry, Mining & Energy Union v CE Marshall & Sons Pty Ltd [2007] FCA 169
WORKPLACE RELATIONS – Workplace Relations Act 1996 (Cth) Part 16 – whether employees dismissed from employment for a prohibited reason, specifically membership of and/or activities as members of industrial association – whether actually members of the relevant industrial association at the time - onus of proof – standard of proof – reasons of the decision-maker for termination of the employment of the employees – whether decision maker was aware of the employees' involvement with the industrial association. Held: The application be dismissed. The Court is satisfied on the balance of probabilities that employees were not dismissed by the respondent for prohibited reasons in the meaning of s 793(1)(a) and (o) of the Act. No finding made as to employees' union membership status. Evidence Act 1995 (Cth) s 140 Workplace Relations Act 1996 (Cth) s 729, 792(1), 793(1), 807, 809(1) Anderson v Edith Cowan University [1999] FCA 1802 cited Briginshaw v Briginshaw (1938) 60 CLR 336 applied Hamberger v CFMEU (2000) 104 IR 45 cited Heidt v Chrysler Australia Ltd (1976) 26 FLR 257 cited Maritime Union of Australia and Geraldton Port Authority (1999) 93 FCR 34 applied Seymour v Saint-Gabain Abrasives Pty Ltd [2006] FCA 1452 applied The Employment Advocate v National Union of Workers (2000) 100 FCR 454 cited CONSTRUCTION FORESTRY, MINING & ENERGY UNION v CE MARSHALL & SONS PTY LTD (ACN 079 852 494) QUD214 OF 2006
COLLIER J
22 FEBRUARY 2007
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD214 OF 2006
BETWEEN: CONSTRUCTION FORESTRY, MINING & ENERGY UNION
Applicant
AND: CE MARSHALL & SONS PTY LTD (ACN 079 852 494)
Respondent
JUDGE: COLLIER J
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