Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Grant v BHP Coal Pty Ltd (No 2) [2015] FCA 1374 Citation: Grant v BHP Coal Pty Ltd (No 2) [2015] FCA 1374
Parties: DARRIN JAMES GRANT v BHP COAL PTY LTD and FAIR WORK COMMISSION
File number: QUD 429 of 2014
Judge: COLLIER J
Date of judgment: 4 December 2015
Catchwords: INDUSTRIAL LAW – review of decision of Full Bench of Fair Work Commission – whether jurisdictional error in decision of Fair Work Commission – whether applicant unfairly dismissed within meaning of s 385 Fair Work Act 2009 (Cth) – separate finding of fact – whether supervisor had role under s 26 Coal Mining Safety and Health Act 1999 (Qld) – whether direction to attend medical assessment following return to work after lengthy sick leave was unlawful – whether supervisor had authority to give direction to applicant to attend medical examination pursuant to s 39 Coal Mining Safety and Health Act 1999 (Qld) – whether applicant unreasonably failed to cooperate and participate in investigation – whether direction to attend medical assessment infringement of personal liberty – human rights concerning medical examinations – obligations of persons under s 39 Coal Mining Safety and Health Act 1999 (Qld) – Edwards v North Goonyella Coal Mines Pty Ltd [2005] QSC 242 – whether applicant entitled to refuse to answer questions on basis of self-incrimination – whether any errors of Fair Work Commission within jurisdiction
Legislation: Fair Work Act 2009 (Cth) ss 385, 387, 394, 394(1), 545, 546, 562, 563, 604(1), 607(3) Federal Court of Australia Act 1976 (Cth) ss 23, 32 Judiciary Act 1903 (Cth) s 39B Coal Mining Safety and Health Act 1999 (Qld) ss 7, 26, 29, 30, 30(1), 30(3), 39, 39(1), 39(1)(a), 39(1)(c), 39(2), 39(2)(d), 40(2)(a)(i), 40(2)(b)(i), 41, 41(1), 42, 42(c), 55, 62, 394 Legislative Standards Act 1992 (Qld) s 4 Motor Vehicle Insurance Act 1994 (Qld) s 46A Personal Injuries Proceedings Act 2002 (Qld) Crimes Act 1900 (NSW) ss 353A, 353A(2) Coal Mining Safety and Health Regulation 2001 (Qld) Ch 2 Pt 6 Div 1 and Div 2, ss 10, 42, 42(c), 42(7), 44, 46 Coal Mining Safety and Health Bill 1999 (Qld)
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