Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd [2014] FCA 522

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd [2014] FCA 522 Citation: Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd [2014] FCA 522

Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v ANGLO COAL (DAWSON SERVICES) PTY LTD

File number: QUD 198 of 2014

Judge: COLLIER J

Date of judgment: 23 May 2014

Catchwords: INDUSTRIAL LAW – interlocutory application seeking reinstatement of employee miner – employee applicant union's lodge president at the mine – employee terminated for taking sick leave after annual leave application rejected – alleged contraventions of Part 3-1 Fair Work Act 2009 (Cth) – principles in Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 – concession by respondent that aspects of applicant's case raised serious questions for determination – proposed undertaking by respondent to provide pay and benefits without work in lieu of reinstatement until substantive hearing - whether balance of convenience favours reinstatement pending determination of substantive hearing – whether social and psychological benefits of work – strength of applicant's case for final relief – whether tendency for reinstatement to undermine discipline at workplace – whether evidence of breakdown of confidence and trust – alleged inconvenience to applicant in relation to employee's discharge of union duties – balance of convenience favours interlocutory order for reinstatement

Legislation: Fair Work Act 2009 (Cth) Pt 3-1 ss 340, 346, 352 and 545

Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 applied Australian Postal Corporation v Stephens [2011] FCA 947 cited Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union v Eaton Electrical Systems Pty Ltd (2005) 139 IR 260 cited Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as The Australian Manufacturing Workers' Union (AMWU) v McCain Foods (Aust) Pty Ltd [2012] FCA 1126 cited Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Phillips Engineering Aus Pty Ltd [2010] FCA 611 cited Blackadder v Ramsey Butchering Services Pty Ltd (2005) 221 CLR 539 cited Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2011] FCA 971 cited Construction, Forestry, Mining and Energy Union v BPH Coal Pty Ltd (No 3) [2012] FCA 1218 cited National Tertiary Education Union v Royal Melbourne Institute of Technology [2013] FCA 451 cited Samsung Electronics Co Ltd v Apple Inc (2011) 286 ALR 257; [2011] FCAFC 156 cited