High Court of Australia

Construction Forestry Mining & Energy Union v Mammoet Australia Pty Ltd [2013] HCA 36

248 CLR 619; 87 ALJR 1009; 300 ALR 460

14 Aug 2013

Case Number: P26/2013


Crennan, Kiefel, Bell, Gageler, Keane JJ


Industrial law (Cth) – Payments relating to periods of industrial action – Where employer provided employees with accommodation under enterprise agreement – Where employees took "protected industrial action" within meaning of s 408 of Fair Work Act 2009 (Cth) ("Act") – Where employer ceased to provide accommodation to employees for duration of "protected industrial action" – Whether provision of accommodation a "payment to an employee in relation to the total duration of the industrial action" under s 470(1) of Act.

Industrial law (Cth) – Enterprise agreement – Whether employees entitled to accommodation under terms of enterprise agreement when not ready, willing and available to work.

Words and phrases – "adverse action", "enterprise agreement", "in relation to", "payment", "protected industrial action", "ready, willing and available to work".

Fair Work Act 2009 (Cth) – ss 323, 332, 340, 342, 408, 470.

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