Construction, Forestry, Mining & Energy Union v Pilbara Iron Company (Services) Pty Ltd (No 3)
| Jurisdiction | Australia Federal only |
| Neutral Citation | 2012-0629 FCA J |
| Year | 2012 |
| Date | 2012 |
| Court | Federal Court |
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23 cases
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Qantas Airways Ltd v Transport Workers' Union of Australia
...Inspectorate [2015] HCA 46; 258 CLR 482 Construction, Forestry, Mining & Energy Union v Pilbara Iron Company (Services) Pty Ltd (No 3) [2012] FCA 697 Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd [2015] FCAFC 157; 238 FCR 273 Construction, Forestry, ......
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Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 4)
...FCAFC 87; 59 AILR ¶100–686; 164 IR 299 Construction, Forestry, Mining and Energy Union v Pilbara Iron Company (Services) Pty Ltd (No 3) [2012] FCA 697; 64 AILR ¶101–659 Council of the NSW Bar Association v Power (2008) 71 NSWLR 451 Cummins South Pacific Pty Limited v Keenan [2020] FCAFC 204......
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Alam v National Australia Bank Limited
...Ltd [2015] FCAFC 76, (2015) 231 FCR 150 Construction, Forestry, Mining and Energy Union v Pilbara Iron Company (Services) Pty Ltd (No 3) [2012] FCA 697 Cummins South Pacific Pty Ltd v Keenan [2020] FCAFC 204; (2020) 302 IR 400 Flageul v WeDrive Pty Ltd [2021] FCAFC 102 General Motors–Holden......
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PIA Mortgage Services Pty Ltd v King
...Energy Union v Cahill (2010) 269 ALR 1 Construction, Forestry, Mining and Energy Union v Pilbara Iron Company (Services) Pty Ltd (No 3) [2012] FCA 697 Dafallah v Fair Work Commission (2014) 225 FCR 559 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining......
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4 firm's commentaries
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Generally protected: a governments capacity to regulate enterprise bargaining via procurement policy
...183 ALR 475; [2001] FCA 178 at [48]; Construction, Forestry, Mining and Energy Union (CFMEU) v Pilbara Iron Co (Services) Pty Ltd (No 3) [2012] FCA 697; BC201204747 at [35]; Waugh v Kippen (1986) 160 CLR 156 at 164-5; 64 ALR 195; 60 ALJR 9Above, n 1, at [122]-[126]; above, n 2, at [89]-[93]......
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The new untouchables - does adverse action mean that some employees are immune from dismissal?
...not among the reasons for her dismissal; see below). A similar approach was taken in a 2012 decision: CFMEU v Pilbara Iron Company (No 3) [2012] FCA 697. In that case, the fact that the employee had raised concerns or complaints about safety issues within the workplace was found to be the e......
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Beware - Adverse action may result in reinstatement
...of an employee or an award of damages and compensation. However the recent case of CFMEU v Pilbara Iron Company (Services) Pty Ltd (No 3) [2012] FCA 697 highlights the possibility of reinstating employees subjected to adverse Darren Lamberth ('the Second Applicant'), who was a member of the......
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When is a 'complaint' or 'inquiry' a 'workplace right' in adverse action?
...employee's complaints about other employees' working conditions fell within section 341(1)(c)(ii). In CFMEU v Pilbara Iron Company (No 3) [2012] FCA 697 the fact that the employee had raised concerns or complaints about safety issues within the workplace was found to be the exercise of work......
1 books & journal articles
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‘Pretaliatory’ Enforcement Action for Chilling Whistleblowing through Corporate Agreements: Lessons from North America
...v Betezy.com.au Pty Ltd (2013) 238 IR 307; Construction, Forestry, Mining & Energy Union v Pilbara Iron Company (Services) Pty Ltd (No 3) [2012] FCA 697 (29 June 2012); Walsh v Greater Metropolitan Cemeteries Trust (No 2) (2014) 243 IR 468; Evans v Trilab Pty Ltd [2014] FCCA 2464 (30 Octobe......