Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2010] FCA 590 Citation: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2010] FCA 590
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v BHP COAL PTY LTD (ACN 010 595 721) and STEVEN RAE
File number: QUD 270 of 2009
Judge: COLLIER J
Date of judgment: 11 June 2010
Catchwords: INDUSTRIAL LAW – application by union seeking declaration and imposition of penalties against employer for contravention of s 340 Fair Work Act 2009 (Cth) – employer investigation into incident at mine site – alleged breach of workplace agreement at a meeting related to investigation – whether clause 44 of workplace agreement applied to the meeting – relevance of distinction between investigatory and disciplinary purposes of the meeting – whether clause 44 of workplace agreement meant that human resources staff were excluded from the meeting – whether statements made by mine manager at the meeting constituted adverse action – whether statements made by mine manager injured or altered the position of the employee in his employment or threatened to do so Held: application dismissed
Legislation: Fair Work Act 2009 (Cth) ss 340, 342 Workplace Relations Act 1996 (Cth)
Cases cited: Employment Advocate v Williamson (2001) 111 FCR 20 cited Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (No 3) (1998) 195 CLR 1 cited
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