Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Port Kembla Coal Terminal Ltd (No 2) [2015] FCA 1088 Citation: Construction, Forestry, Mining and Energy Union v Port Kembla Coal Terminal Ltd (No 2) [2015] FCA 1088
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, ADAM JOHN GIDDINGS, JASON ROSEWARN and JENNIFER ARBER v PORT KEMBLA COAL TERMINAL LTD and PETER GREEN
File number: NSD 1360 of 2014
Judge: MURPHY J
Date of judgment: 8 October 2015
Catchwords: INDUSTRIAL LAW – Breach of industrial agreement – Principles regarding construction of industrial agreement – Meaning of consultation in industrial agreements - Breach of consultation obligation in industrial agreement – When obligation to consult arises - Whether consultation was genuine – Whether consultation was timely – Whether employees given meaningful opportunity to affect a decision – Whether relevant information to enable consultation was required to be provided - Breach of obligation to use redeployment and voluntary redundancy before implementing compulsory redundancy – Breach of obligation to investigate all avenues to avoid compulsory redundancy – Breach of obligation to investigate reducing contractors - Employment - Whether employer took adverse action against employee for a prohibited reason – Sections 340 and 346 of the Fair Work Act 2009 (Cth) –Onus of proof upon an employer in a claim of adverse action – Evidence necessary to discharge the onus under s 361 of the Fair Work Act 2009 (Cth) – Accessorial liability in a claim of adverse action
Legislation: Fair Work Act 2009 (Cth) Rail Safety Act 2008 (NSW)
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