Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Klein v Metropolitan Fire and Emergency Services Board [2012] FCA 1402 Citation: Klein v Metropolitan Fire and Emergency Services Board [2012] FCA 1402
Parties: PHILIP KLEIN v METROPOLITAN FIRE AND EMERGENCY SERVICES BOARD
File number: VID 370 of 2012
Judge: GORDON J
Date of judgment: 10 December 2012
Catchwords: INDUSTRIAL LAW – general protection claim – requirement of industrial activity – expulsion from union does not constitute industrial activity – applicant did not observe union ban on applying for promotion – adverse action – requirement of injury or prejudicial alteration – requirement of discrimination – discrimination includes indirect discrimination – Fair Work Act 2009 (Cth), ss 346, 347 INDUSTRIAL LAW – general protection claim – adverse action – applicant appointed himself his own bargaining agent – respondent excluded applicant from negotiations of enterprise agreement – respondent and relevant union agreed to consultative provisions – whether respondent's adherence to consultative provisions constitutes adverse action INDUSTRIAL LAW – objectionable terms – term of enterprise agreement requiring that proposals for change must be presented to a committee composed of employer and union representatives – Fair Work Act 2009 (Cth), ss 12, 356
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