Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd

JurisdictionAustralia Federal only
JudgeFrench CJ,Kiefel J.,Hayne J.,Crennan J.,Gageler J.
Judgment Date16 October 2014
Neutral Citation[2014] HCA 41
CourtHigh Court
Docket NumberB23/2014
Date16 October 2014
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16 cases
  • Transport Workers' Union of Australia v Qantas Airways Limited
    • Australia
    • Federal Court
    • 30 July 2021
    ...Coal (Dawson Services) Pty Ltd [2015] FCAFC 157; (2015) 238 FCR 273 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41; (2014) 253 CLR 243 Construction, Forestry, Mining and Energy Union v De Martin & Gasparini Pty Ltd (No 2) [2017] FCA 1046 Edgington v Fitzmau......
  • Qantas Airways Ltd v Transport Workers' Union of Australia
    • Australia
    • Full Federal Court (Australia)
    • 4 May 2022
    ...v Anglo Coal (Dawson Services) Pty Ltd [2015] FCAFC 157; 238 FCR 273 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41; 253 CLR 243 Construction, Forestry, Mining and Energy Union v Clermont Coal Pty Ltd [2015] FCA 1014; 253 IR 166 Cummins South Pacific Pty Lt......
  • Australian Federation of Air Pilots v Regional Express Holdings Limited
    • Australia
    • Full Federal Court (Australia)
    • 16 December 2021
    ...Energy Union v Bengalla Mining Company Pty Ltd (No 2) [2013] FCA 362 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41; 253 CLR 243 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2015] FCAFC 25; 230 FCR 298 Construction, Forestry, Mining a......
  • Australian Municipal, Administrative, Clerical and Services Union v Commissioner of Taxation
    • Australia
    • Federal Court
    • 14 October 2022
    ...Barclay [2012] HCA 32; (2012) 248 CLR 500] at [41], [45], [101]; BHP [Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41; (2014) 253 CLR 243] at Second, the question is why the adverse action was taken: Barclay at [5], [44]. The focus of the inquiry is the reas......
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13 firm's commentaries
  • Our 'TOP 10' Employment, Workplace & Ssfety issues from 2014
    • Australia
    • Mondaq Australia
    • 28 December 2014
    ...[2014] FCA 271 (25 March 2014). [12] Shea v EnergyAustralia Services Pty Ltd [2014] FCAFC 167 (8 December 2014). [13] [2012] HCA 32. [14] [2014] HCA 41 (16 October 2014); see here. [15] [2014] FWCFB 1996 (14 May 2014); this decision was upheld by the Full Federal Court in United Voice v Res......
  • Misconduct unaffected by medical condition
    • Australia
    • Mondaq Australia
    • 17 April 2015
    ...Institute of Technical and Further Education v Berkley [2012] HCA 32 and Construction Forestry Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41 and Curtis v NSW [2003] HCA 62, showed that it is possible for there to be a close association between a proscribed reason and the conduct ......
  • Construction & Infrastructure - What's News - 30 March 2015
    • Australia
    • Mondaq Australia
    • 20 April 2015
    ...and Further Education v Barclay [2012] HCA 32; (2012) 248 CLR 500 and Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41; (2014) 314 ALR 1 discussed - whether onus under s 361 Fair Work Act 2009 (Cth) discharged by employer. CONTRACT - whether employee engaged ......
  • Will the Fair Work Act protect the right of an employee of Cricket Australia to tweet her political opinion?
    • Australia
    • Mondaq Australia
    • 21 August 2018
    ...Technical and Further Education v Barclay [2012] HCA 32 (Barclay) and Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41 (BHP Coal). These decisions contrast with that of Sayed v Construction Forestry, Mining and Energy Union [2015] FCA 27 (Sayed) whereby the e......
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