Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Workers' Union v CBI Constructors Pty Ltd [2016] FCA 745 File number: VID 261 of 2014
Judge: JESSUP J
Date of judgment: 24 June 2016
Catchwords: INDUSTRIAL LAW – adverse action – where employment request refused by contractor for multiple reasons, including alleged prior involvement in industrial activity – consideration of phrase "refuse to employ" – whether circumstances fell within justified refusal by reason of "commercial duress" by principal company – compensation claim judged by counterfactual – pecuniary penalty order
Legislation: Fair Work Act 2009 (Cth) ss 342, 346, 347, 545, 546 Workplace Relations Act 1996 (Cth) s 298L
Cases cited: Australian Workers' Union v John Holland Pty Ltd (2001) 103 IR 205 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2014) 253 CLR 243 Construction, Forestry, Mining and Energy Union v Endeavour Coal Pty Ltd (2015) 231 FCR 150 Fraser v Fletcher Construction Australia Ltd (1996) 70 IR 117 Sayed v Construction, Forestry, Mining and Energy Union [2016] FCAFC 4 Shannon v Transfield Worley (2001) 113 FCR 53 Stephens v Australian Postal Corporation [2014] FCA 732 Wood v City of Melbourne (1979) 41 FLR 1
Date of hearing: 26-28 April 2016
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