Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Clermont Coal Pty Limited [2015] FCA 1014 Citation: Construction, Forestry, Mining and Energy Union v Clermont Coal Pty Limited [2015] FCA 1014
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and ALAN JOHN SCOTT v CLERMONT COAL PTY LIMITED
File number: QUD 604 of 2014
Judge: REEVES J
Date of judgment: 11 September 2015
Catchwords: INDUSTRIAL LAW – adverse action – exercise of workplace rights – engagement in industrial activities – redundancy process – whether respondent contravened ss 340 and 346 of the Fair Work Act 2009 (Cth) – where assessment process involved multiple persons – consideration of who made the decision to terminate the employee's employment – consideration of the reasoning process leading to the dismissal – consideration of whether adverse action was taken for a proscribed reason – whether the proscribed reasons were a substantial and operative reason – whether the respondent has discharged the reverse onus in s 361 of the Fair Work Act 2009 (Cth)
Legislation: Fair Work Act 2009 (Cth) Fair Work (Registered Organisations) Act 2009 (Cth) Workplace Relations Act 1996 (Cth)
Cases cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500; [2012] HCA 32 Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd (No 2) [2015] FCA 265 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2014) 253 CLR 243; [2014] HCA 41 Construction, Forestry, Mining and Energy Union v Pilbara Iron Company (Services) Pty Ltd (No 3) [2012] FCA 697 Elliott v Kodak Australasia Pty Ltd (2001) 129 IR 251, [2001] FCA 1804 General Motors Holden Pty Ltd v Bowling (1976) 12 ALR 605 Gibbs v Palmerston Town Council (unreported, Federal Court of Australia, Gray J, 21 December 1987) Jones v Queensland Tertiary Admissions Centre Ltd (No 2) (2010) 186 FCR 22; [2010] FCA 399 Murrihy v Betezy.com.au Pty Ltd (2013) 238 IR 307; [2013] FCA 908 National Tertiary Education Union v Royal Melbourne Institute of Technology (2013) 234 IR 139; [2013] FCA 451 Shea v TRUenergy Services Pty Ltd (No 6) (2014) 314 ALR 346; [2014] FCA 271
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