High Court of Australia

Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41

88 ALJR 980

16 Oct 2014

Case Number: B23/2014


French CJ, Hayne, Crennan, Kiefel, Gageler JJ


Industrial law (Cth) – General protections – Adverse action – Section 346(b) of Fair Work Act 2009 (Cth) prohibits employer from taking adverse action against employee because employee engages in industrial activity or has engaged in industrial activity – Where appellant was industrial association – Where member of appellant engaged in industrial activity – Where officer of respondent employer took adverse action against member – Where officer gave evidence at trial that adverse action not taken for prohibited reasons – Whether adverse action taken for prohibited reason.

Words and phrases – "because", "engages in industrial activity", "prohibited reason".

Fair Work Act 2009 (Cth) – ss 346(b), 347(b)(iii), 347(b)(v), 360, 361.

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