Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2012] FCA 563 Citation: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2012] FCA 563
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v BHP COAL PTY LTD
File number(s): QUD 248 of 2012
Judge: GREENWOOD J
Date of judgment: 25 May 2012
Date of Publication of Reasons: 31 May 2012
Catchwords: INDUSTRIAL LAW – consideration of an application for an interlocutory order for reinstatement of an employee said to have had his employment with respondent terminated for prohibited reasons falling within ss 340 and 346 of the Fair Work Act 2009 (Cth) – consideration of the discretionary factors – consideration of the implications of Barcley v Board of Bendigo Regional Institute of Technical and Further Education [2011] FCAFC 14 in determining whether a serious question to be tried arises – consideration of the reversal of the onus of proof – consideration of contended conduct on the part of the former employee in holding up and waving a sign describing employees or contractors passing through a protest line as "No principles Scabs No guts"
Legislation: Fair Work Act 2009 (Cth), ss 340, 341, 342, 346, 347, 360, 361, 545
Cases cited: Barclay v Board of Bendigo Regional Institute of Technical and Further Education [2011] FCAFC 14 – cited and quoted MUA v Geraldton Port Authority [1999] 93 FCR 34 – cited McIlwain v Ramsey Food Packaging Pty Ltd [2006] FCA 828 - cited Australian Workers' Union v John Holland Pty Ltd (2000) 103 IR 205 - cited Patrick Stevedores Operations No. 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 – cited and quoted CEPU v Blue Star Pacific Pty Ltd (2009) 184 IR 333 - cited Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 - cited Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 - cited Samsung Electronics v Apple Inc. (2012) 286 ALR 257 - cited Police Federation of Australia v Nixon (2008) 168 FCR 340 – cited
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