Federal Court of Australia
Federal Court of Australia
Construction, Forestry, Maritime, Mining & Energy Union v Boggabri Coal Operations Pty Ltd [2021] FCA 719 File number(s): NSD 751 of 2020
Judgment of: JAGOT J
Date of judgment: 29 June 2021
Catchwords: INDUSTRIAL LAW – taking industrial action – where respondent deducted pay for hours in which second applicant took steps to secure and make safe machinery in preparation for taking protected industrial action – whether such steps, which occurred before the commencement time of the protected industrial action, constituted industrial action – operation of ss 474(1), 19(1)(a) and 19(2)(a) of the Fair Work Act 2009 (Cth) – application dismissed
Legislation: Fair Work Act 2009 (Cth) ss 19(1)(a), 19(2)(a), 474(1), 539
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 32
Dates of hearing: 22 June 2021
Counsel for the Applicants: Mr S Crawshaw SC with Mr S Mueller
Solicitor for the Applicants: Construction, Forestry, Maritime, Mining & Energy Union Northern Mining & NSW Energy District
Counsel for the Respondent: Mr Y Shariff SC with Ms C Robertson
Solicitor for the Respondent: Ashurst Australia
ORDERS NSD 751 of 2020
BETWEEN: CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION First Applicant
DAVID ERROL BOXSELL Second Applicant
AND: BOGGABRI COAL OPERATIONS PTY LTD ACN 600 191 455 Respondent
order made by: jagot j DATE OF ORDER: 29 JUNE 2021
THE COURT ORDERS THAT:
1. The originating application be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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