BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union
| Jurisdiction | Australia Federal only |
| Neutral Citation | 2013-1213 FCA C,[2013] FCAFC 132 |
| Year | 2013 |
| Date | 2013 |
| Court | Full Federal Court (Australia) |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
4 cases
-
Menon, in the matter of an election for offices of the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union (No 3)
...58 Bank of Credit and Commerce International SA v Ali [2002] 1 AC 251 BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] FCAFC 132; 219 FCR 245 Cameron v Australian Workers’ Union (1959) 2 FLR 45 Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR......
-
Taylor v Department of Health
...Commerciale SA en Liquidation v Akhil Holdings Ltd (1990) 169 CLR 279 BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] FCAFC 132, (2013) 219 FCR 245 Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32, (2012) 248 CLR 500 Ce......
-
SBP Employment Solutions Pty Ltd v Smith
...2003 (Qld) s 119A Cases cited: ASIC v Hellicar (2012) 247 CLR 345 BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union (2013) 219 FCR 245 Blatch v Archer (1774) 1 Cowp 64 at 65, 98 ER 969 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 2......
- Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd
2 firm's commentaries
-
CFMEU v BHP Coal - High Court upholds employer's right to terminate employee for breaching its code of conduct
...workplace conduct policy On appeal, on 13 December 2013 in the case BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] FCAFC 132, the Full Court of the Federal Court ("FFC") by majority reversed this decision, confirming that Justice Jessup's approach was inconsistent......
-
High Court majority applies Barclay decision to find that the scab-sign dismissal was lawful
...claims. Footnotes 1See article here. 2CFMEU v BHP Coal Pty Ltd (No 3) [2012] FCA 1218 (7 November 2012). 3BHP Coal Pty Ltd v CFMEU [2013] FCAFC 132 (13 December 4[2014] HCA 41, [7]. 5[2014] HCA 41, [8]. 6[2014] HCA 41, [10]. 7[2014] HCA 41, [22]. 8[2014] HCA 41, [89]. 9[2014] HCA 41, [90]. ......
2 books & journal articles
-
Expecting More: Rethinking the Rights and Protections Available to Pregnant Workers under the Fair Work Act 2009 (Cth)
...reason must be a ‘substantial and operative reason’for the conduct: BHP CoalPty Ltd v Construction, Forestry, Mining and Energy Union (2013) 219 FCR 245 [95] (Flick J).50. See also section IV.51. For a pregnant employee to be eligible, she must have completed 12 months’continuous service. O......
-
Expecting More: Rethinking the Rights and Protections Available to Pregnant Workers under the Fair Work Act 2009 (Cth)
...reason must be a ‘substantial and operative reason’for the conduct: BHP CoalPty Ltd v Construction, Forestry, Mining and Energy Union (2013) 219 FCR 245 [95] (Flick J).50. See also section IV.51. For a pregnant employee to be eligible, she must have completed 12 months’continuous service. O......