Construction, Forestry, Mining and Energy Union v Bengalla Mining Company Pty Limited [2013] FCA 267

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Bengalla Mining Company Pty Limited [2013] FCA 267 Citation: Construction, Forestry, Mining and Energy Union v Bengalla Mining Company Pty Limited [2013] FCA 267

Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v BENGALLA MINING COMPANY PTY LIMITED (ACN 053 909 470)

File number: NSD 1794 of 2012

Judge: KATZMANN J

Date of judgment: 28 March 2013

Catchwords: INDUSTRIAL LAW – adverse action – member and officer of industrial association – industrial activity – adverse action – disciplinary action after employee took unauthorised leave to attend a union meeting – warning letter – whether disciplinary action taken for a prohibited reason – whether evidence sufficient to rebut presumption – whether reason employer took disciplinary action could be separated from reason for employee's absence.

Legislation: Fair Work Act 2009 (Cth), ss 12, 342(1), 342(2), 346, 347, 360, 361, 570.

Cases cited: General Motors Holden Pty Ltd v Bowling (1976) 12 ALR 605 Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 86 ALJR 1044

Date of hearing: 18 and 19 March 2013

Place: Sydney

Division: FAIR WORK DIVISION

Category: Catchwords

Number of paragraphs: 81

Counsel for the Applicant: Mr A M Slevin

Solicitor for the Applicant: Slater & Gordon

Counsel for the Respondent: Mr Y Shariff

Solicitor for the Respondent: Herbert Smith Freehills

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY FAIR WORK DIVISION NSD 1794 of 2012

BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

Applicant

AND: BENGALLA MINING COMPANY PTY LIMITED (ACN 053 909 470)