Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction Forestry, Maritime, Mining and Energy Union v BM Alliance Coal Operations Pty Ltd [2023] FCA 30 File number(s): QUD 155 of 2020
Judgment of: COLLIER J
Date of judgment: 30 January 2023
Catchwords: INDUSTRIAL LAW – s 340 Fair Work Act 2009 (Cth) – whether adverse action taken against employee of independent contractor for exercising a workplace right – whether employee exercised workplace right – 'workplace law' – 'workplace right' – s 12 Fair Work Act - whether Standard Operating Procedure a 'workplace instrument' - Coal Mining Safety and Health Act 1999 (Qld) - Coal Mining Safety and Health Regulations 2017 (Qld) – whether adverse action taken for a prohibited reason – application granted
Legislation: Coal Mining Safety and Health Act 1999 (Qld) Fair Work Act 2009 (Cth) Coal Mining Safety and Health Regulations 2017 (Qld)
Cases cited: ALAEA v Sunstate Airlines (Qld) Pty Ltd (2012) FCR 306 Barnett v Territory Insurance Office (2011) 196 FCR 166 at [31]-[32] Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500
Division: Fair Work Division
Registry: Queensland
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 197
Date of hearing: 17 – 19 March 2021 and 24 August 2021
Counsel for the Applicant: Mr C Massy
Solicitor for the Applicant: Hall Payne Lawyers
Counsel for the Respondent: Mr D Mahendra
Solicitor for the Respondent: Herbert Smith Freehills
ORDERS QUD 155 of 2020
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