Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 4) [2012] FCA 1454 Citation: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 4) [2012] FCA 1454
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v BHP COAL PTY LTD
File number: QUD 248 of 2012
Judge: JESSUP J
Date of judgment: 21 December 2012
Catchwords: INDUSTRIAL LAW – respondent previously found to have contravened s 346 of Fair Work Act 2009 (Cth) in dismissing employee – employee reinstated pursuant to court order - application for consequential or ancillary orders and for imposition of pecuniary penalty on respondent – whether dismissal of employee terminated employee's position as site safety and health representative pursuant to Coal Mining Safety and Health Act 1999 (Qld) – whether orders should be made to preserve employee's position as site safety and health representative pursuant to Coal Mining Safety and Health Act 1999 (Qld) – whether pecuniary penalty should be imposed on the respondent – matters relevant to imposition of pecuniary penalty
Legislation: Fair Work Act 2009 (Cth) Coal Mining Safety and Health Act 1999 (Qld)
Cases cited: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 1218
Date of hearing: Heard on the papers
Date of last submissions: 14 December 2012
Place: Melbourne
Division: FAIR WORK DIVISION
Category: CATCHWORDS
Number of paragraphs: 20
Counsel for the Applicant: Ms C Howell
Solicitor for the Applicant: Hall Payne Lawyers
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