Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v Molina [2017] FCA 1501 File number: WAD 393 of 2017
Judge: GILMOUR J
Date of judgment: 22 December 2017
Catchwords: PRACTICE AND PROCEDURE – pleadings – application to strike out statement of claim – consideration of requirements of pleadings – whether pleading disclosed reasonable cause of action – whether pleading has the tendency to cause prejudice, embarrassment or delay in the proceedings INDUSTRIAL LAW – adverse action – coercion – consideration of 'lawful request' for the purposes of whether a person engages in industrial activity pursuant to s 347 of the Fair Work Act 2009 (Cth)
Legislation: Building and Construction Industry (Improving Productivity) Act 2016 (Cth) Fair Work Act 2009 (Cth) ss 343, 346(b), 347(b)(iv), 348, 570(2)(a) Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43(3)(g) Federal Court Rules 2011 (Cth) rr 1.39, 16.02, 16.21(1) Explanatory Memorandum, Fair Work Bill 2008 (Cth)
Cases cited: Australian Competition and Consumer Commission v Craftmatic Pty Ltd [2009] FCA 972 Australian Competition and Consumer Commission v Pauls Ltd [1999] FCA 1750 Charlie Carter Pty Limited v Shop Distributive and Allied Employees Association of Western Australia [1987] FCA 135; (1987) 13 FCR 413 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2016] FCA 987 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2017] FCAFC 50 Dahler v Australian Capital Territory [2014] FCA 946 J & A Vaughan Super Pty Ltd (Trustee) v Becton Property Group Ltd [2014] FCA 581 Lion-Dairy & Drinks Pty Ltd v Sinclair Knight Merz Pty Ltd [2013] FCA 869 Polar Aviation Pty Ltd v Civil Aviation Safety Authority [2012] FCAFC 97; (2012) 203 FCR 325 Radisich v McDonald [2010] FCA 762
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