Construction, Forestry, Maritime, Mining and Energy Union v Melbourne Precast Concrete Nominees Pty Ltd [2020] FCA 931

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Maritime, Mining and Energy Union v Melbourne Precast Concrete Nominees Pty Ltd [2020] FCA 931 File number(s): VID 227 of 2020

Judge(s): O'CALLAGHAN J

Date of judgment: 6 July 2020

Catchwords: INDUSTRIAL LAW – employment – adverse action – employee dismissed after being appointed as health and safety representative for the purposes of the Occupational Health and Safety Act 2004 (Vic), making complaints to WorkSafe Victoria, and taking personal leave – whether employer proved employee was not dismissed for reasons alleged – whether decision-maker was involved in contraventions

Legislation: Fair Work Act 2009 (Cth) ss 12, 50, 340, 340(1)(a), 340(1)(b), 341, 341(1)(a), 341(1)(c)(i), 341(1)(c)(ii), 342(1), 360, 361, 539(2), 540(2), 540(6)(b), 550, 550(1) Federal Court Rules 2011 (Cth) rr 4.01(2), 16.07(2) Occupational Health and Safety Act 2004 (Vic) ss 2, 4, 7, 8

Cases cited: All Options Pty Ltd v Flightdeck Geelong Pty Ltd [2019] FCA 588 Australian Workers' Union v Chemring Australia Pty Ltd [2019] FCA 750 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Visy Packaging Pty Ltd (No 3) (2013) 216 FCR 70 Construction, Forestry, Mining and Energy Union v De Martin & Gasparini Pty Ltd (No 2) [2017] FCA 1046 Fair Work Ombudsman v Devine Marine Group Pty Ltd [2014] FCA 1365 PIA Mortgage Services Pty Ltd v King [2020] FCAFC 15; 292 IR 317 Silkearl Pty Ltd v Ainsworth Game Technology Ltd [2006] FCA 949 Termi-Mesh Australia Pty Ltd v Josu Manufacturing Pty Ltd [1999] FCA 1241