Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Barclay v The Board of Bendigo Regional Institute of Technical and Further Education [2010] FCA 284 Citation: Barclay v The Board of Bendigo Regional Institute of Technical and Further Education [2010] FCA 284
Parties: GREGORY PAUL BARCLAY and AUSTRALIAN EDUCATION UNION v THE BOARD OF BENDIGO REGIONAL INSTITUTE OF TECHNICAL AND FURTHER EDUCATION
File number(s): VID 77 of 2010
Judge: TRACEY J
Date of judgment: 25 March 2010
Catchwords: INDUSTRIAL LAW – adverse action – industrial activity – whether decision by employer to take adverse action taken for proscribed reason(s) – whether employer's reasons for taking adverse action relevant – construction of ss 340, 346 of Fair Work Act 2009 (Cth)
Legislation: Conciliation and Arbitration Act 1904 (Cth), s 5 Disability Discrimination Act 1992 (Cth), s 5 Fair Work Act 2009 (Cth) ss 336, 340, 341, 346, 347, 348, 351, 352, 354, 355, 360, 361 Explanatory Memorandum, Fair Work Bill 2008 (Cth) paras 1336, 1457, 1459, 1460, 1461 Industrial Relations Act 1988 (Cth), s 334 Workplace Relations Act 1996 (Cth), ss 298K, 298L, 298V
Cases cited: Australian Municipal, Administrative, Clerical and Services Union v Ansett Australia Ltd (2000) 175 ALR 173 referred to Bowling v General Motors Pty Ltd (1975) 8 ALR 197 applied Cuevas v Freeman Motors Pty Ltd (1975) 25 FLR 67 referred to Dowling v Fairfax Media Publications Pty Ltd (2009) 182 IR 28 referred to Elliott v Kodak Australasia Pty Ltd (2001) 108 IR 23 referred to Finance Sector Union of Australia v Australia and New Zealand Banking Group Ltd (2002) 120 FCR 107 referred to General Motors Holden Pty Ltd v Bowling (1976) 12 ALR 605 applied Jones v Queensland Tertiary Admissions Centre Ltd (2009) FCA 1382 distinguished Kimpton v Minister for Education (1996) 65 IR 317 distinguished Maritime Union of Australia v Geraldton Port Authority (1999) 93 FCR 34 referred to Police Federation of Australia v Nixon (2008) 168 FCR 340 cited with approval Purvis v The State of New South Wales (2003) 217 CLR 92 considered Seymour v Saint-Gobain Abrasives Pty Ltd (2006) 161 IR 9 referred to The United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board (2003) 123 IR 86 distinguished
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