Australian Building and Construction Commissioner v McConnell Dowell Constructors (Aust) Pty Ltd [2012] FCAFC 93

Australian Building and Construction Commissioner v McConnell Dowell Constructors (Aust) Pty Ltd [2012] FCAFC 93

The appeal was dismissed because proof of some adverse impact is required to establish discrimination against another person under s 45 of the Building and Construction Industry Improvement Act 2005 (Cth), and no evidence was provided that Hanlon Labour Services Pty Ltd suffered any such impact as a result of the respondent's conduct. Differential treatment alone does not amount to adverse discrimination under s 45.

Parties
Appellant: Australian Building and Construction Commissioner; Respondent: McConnell Dowell Constructors (Aust) Pty Ltd (ACN 002 929 017)
Jurisdiction
Australia
Judgment Date
29 June 2012
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Discrimination Against Employer, Building and Construction Industry Improvement Act S 45, Interpretation of Statutory Phrases
Industrial Law Statutory Interpretation Discrimination Against Employer Building and Construction Industry Improvement Act S 45 Interpretation of Statutory Phrases

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 43 Party arguments 2
Sign in to unlock

Parties

Australian Building and Construction Commissioner

Appellant

McConnell Dowell Constructors (Aust) Pty Ltd (ACN 002 929 017)

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether 'discriminate against' in s 45 of the Building and Construction Industry Improvement Act 2005 (Cth) requires proof of adverse impact
  2. 2 Whether there was sufficient evidence of adverse impact to Hanlon Labour Services Pty Ltd

Ratio Decidendi

The appeal was dismissed because proof of some adverse impact is required to establish discrimination against another person under s 45 of the Building and Construction Industry Improvement Act 2005 (Cth), and no evidence was provided that Hanlon Labour Services Pty Ltd suffered any such impact as a result of the respondent's conduct. Differential treatment alone does not amount to adverse discrimination under s 45.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The Appellant is to pay the costs of the Respondent.