Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 1218 Citation: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 1218
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v BHP COAL PTY LTD
File number: QUD 248 of 2012
Judge: JESSUP J
Date of judgment: 7 November 2012
Corrigenda: 4 December 2012 8 November 2012
Catchwords: INDUSTRIAL LAW – applicant representing employees of the respondent in enterprise bargaining negotiations with the respondent – dismissal of employee for holding and waving allegedly offensive sign during protest where employee purported to be an official of the applicant – whether employee was dismissed because he was participating in protected industrial action – whether employee dismissed because he was officer or member of an industrial association – matters relevant to identification of officer of an industrial association – matters relevant to identification of industrial association – whether mine lodge a branch for the purposes of the Fair Work Act 2009 (Cth) – whether employee dismissed because he was participating or encouraging in lawful activity organised or promoted by an industrial association – meaning of lawful within context of s 347(b)(iii) of Fair Work Act 2009 (Cth) – whether holding and waving of sign unlawful under s 6 of Summary Offences Act 2005 (Qld) – whether employee dismissed because he was representing or advancing the views, claims or interests of an industrial association – matters relevant to identification of views, claims or interests of an industrial association – whether reinstatement should be ordered
Legislation: Acts Interpretation Act 1901 (Cth) s 15AC Coal Mining Safety and Health Act 1999 (Qld) Conciliation and Arbitration Act 1904 (Cth) s 5 Conciliation and Arbitration Act 1973 (Cth) Fair Work Act 2009 (Cth) Fair Work (Registered Organisations) Act 2009 (Cth) ss 141, 154A, 154B, 230, 233 Fair Work (Registered Organisations) Regulations 2009 (Cth) reg 147 Summary Offences Act 2005 (Qld) s 6 Vagrants, Gaming and Other Offences Act 1931 (Qld) s 7
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