Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2016] FCA 1009 File number: QUD 657 of 2014
Judge: LOGAN J
Date of judgment: 26 August 2016
Catchwords: INDUSTRIAL LAW – Enterprise Agreement – alleged contravention of agreement – application for order for payment of penalties prescribed by Fair Work Act 2009 (Cth) s 539 – employer sought to reduce workforce numbers of permanent employees – surplus of permanent employees identified – where employer made decision to offer voluntary redundancies to employees – whether employer failed to consult employees and employee representatives in accordance with consultation clause in enterprise agreement – whether employer breached Fair Work Act 2009 (Cth) s 50 – obligation to consult satisfied – application for order of payment of penalties dismissed – Fair Work Act 2009 (Cth) ss 50, 539
Legislation: Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) ss 36, 140, 140(2) Fair Work Act 2009 (Cth) ss 50, 51(1), 530, 539(1), 539(2), 540, 541 Federal Court of Australia Act 1976 (Cth) s 37M Supreme Court of Judicature Act 1873 (UK) Supreme Court of Judicature Act 1875 (UK)
Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Limited (2010) 198 IR 382 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2015) 230 FCR 298 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] FCA 1431 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] FWC 2062 Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2015] FCAFC 149 JR Consulting & Drafting Pty Ltd v Cummings (2016) 329 ALR 625 McGrath v HNSW Pty Limited (No 2) [2015] FCA 442 Moreton Bay Regional Council v Mekpine Pty Ltd (2016) 90 ALJR 420 National Tertiary Education Union v La Trobe University [2014] FCA 1330 NRM Corporation Pty Ltd v Australian Competition and Consumer Commission [2016] FCAFC 98 Port Kembla Coal Terminal Ltd v Construction, Forestry, Mining and Energy Union [2016] FCAFC 99 Transport Workers' Union of Australia v Linfox Australia Pty Ltd (2014) 318 ALR 54 Upper Hunter County District Council v Australian Chilling and Freezing Co Ltd (1968) 118 CLR 429
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate