Construction Forestry Mining & Energy Union v Mammoet Australia Pty Ltd
| Jurisdiction | Australia Federal only |
| Court | High Court |
| Judge | Crennan,Kiefel,Bell,Gageler,Keane JJ |
| Judgment Date | 14 August 2013 |
| Neutral Citation | 2013-0814 HCA A,[2013] HCA 36 |
| Docket Number | P26/2013 |
| Date | 14 August 2013 |
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18 cases
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Mann v Paterson Constructions Pty Ltd
...... [2019] HCA 32 HIGH COURT OF AUSTRALIA Kiefel CJ, Bell, Gageler, Keane, ... 346 [2]; [2008] HCA 22 ; Construction Forestry Mining and Energy Union v Mammoet Australia Pty ......
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New South Wales Aboriginal Land Council(Appellant) v Minister Administering the Crown Lands Act
...Australia (2007) 232 CLR 138 at 143 [5]–[6]; [2007] HCA 47; Construction Forestry Mining and Energy Union v Mammoet Australia Pty Ltd (2013) 248 CLR 619 at 632–633 [40]; [2013] HCA 99 Cf Singh v The Commonwealth (2004) 222 CLR 322 at 335–336 [19]; [2004] HCA 43. 100 480 US 522 at 526 (1987)......
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National Disability Insurance Agency v WRMF
...232 CLR 138 at [5]-[7], affirmed by a unanimous High Court in Construction Forestry Mining and Energy Union v Mammoet Australia Pty Ltd [2013] HCA 36; (2013) 248 CLR 619 at [40]. Nevertheless, just as a Court must assume Parliament chose words in an operative provision deliberately, so as t......
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Australian Rail, Tram and Bus Industry Union v Railtrain Pty Ltd
...as follows by Crennan, Kiefel, Bell, Gageler and Keane JJ in Construction, Forestry, Mining and Energy Union v Mammoet Australia Pty Ltd [2013] HCA 36, (2013) 248 CLR 619 at 633-634:“Payment to an employee”[45] ... It is tolerably clear from the terms of s 323(3), and is confirmed by the Ex......
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6 firm's commentaries
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High Court finds provision of accommodation is not a 'payment' prohibited during industrial action
...Construction, Forestry, Mining and Energy Union v Mammoet Australia Pty Ltd [2013] HCA 36 (14 August 2013), the High Court of Australia held that the provision of on-site accommodation to employees during a period of protected industrial action was not a "payment" that was prohibited by the......
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No Work but You Can Stay
...A unanimous decision of the High Court in Construction Forestry Mining and Energy Union (CFMEU) v Mammoet Australia Pty Ltd [2013] HCA 36 has shed light on the interpretation of "payment to an employee" in the context of protected industrial Overturning findings of the lower courts, the Hig......
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Accommodation is not a 'payment' - the Mammoet Case
...have now had just over a week to consider the effect of the Mammoet Case (CFMEU v Mammoet [2013] HCA 36). In the Mammoet Case, the High Court unanimously allowed an appeal from a decision of the Federal Court of Australia, which held that the provision of accommodation to employees during a......
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New financial year 2019-2020: Construction & Infrastructure
...to homeowners, which in effect would reverse the High Court decision of Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2013] HCA 36. We are yet to see the substance of the implementation of the NSW Government's response and pressure will build in the new financial year to ......
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2 books & journal articles
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Outside the Text: Inside the use of Extrinsic Materials in Statutory Interpretation
...The Queen v Getachew (2012) 248 CLR 22 (various); Construction Forestry Mining & Energy Union v Mammoet Australia Pty Ltd (2013) 248 CLR 619 (explanatory memorandum and second reading speech). 2014 Outside the Text 347 ____________________________________________________________________......
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Statutory Misinterpretation: Rash Holding in Brash Holdings
...92 (2 007) 232 CLR 138, 143 [5] (emphasis added). See, eg, Construction Forestry Mining and Energy Union v Mammoet Australia Pty Ltd (2013) 248 CLR 619, 632–3 [40] (Crennan, Kiefel, Bell, Gageler and Keane JJ); Baytech Trades Pty Ltd v Coinvest Ltd [2015] VSCA 342 (17 December 2015) [57] (M......