Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd [2014] FCA 239

Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd [2014] FCA 239

The respondents' refusal to give gift cards to striking employees was not taken 'because' those employees exercised a workplace right, but rather to reward employees who assisted the company during industrial action; therefore, the conduct did not constitute adverse action within the meaning of s 340 of the Fair Work Act 2009. Additionally, the failure to distribute gift cards was neither an 'injury' under item 1(b) nor 'discrimination between' employees in comparable circumstances under item 1(d) of the table in s 342(1).

Parties
Applicant: Construction, Forestry, Mining and Energy Union; First Respondent: Corinthian Industries (Australia) Pty Ltd ACN 000 067 185; Second Respondent: Baltic Doors Pty Ltd ACN 007 390 132
Jurisdiction
Australia
Judgment Date
18 March 2014
Procedural Posture
Industrial Law Adverse Action Claim / Final Judgment at Trial
Outcome
Application dismissed
Legal Topics
Adverse Action, Protected Industrial Action, Workplace Rights, Discrimination, Injury in Employment
Industrial Law Employment Law Adverse Action Protected Industrial Action Workplace Rights Discrimination Injury in Employment

Case Brief

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Parties

Construction, Forestry, Mining and Energy Union

Applicant

Corinthian Industries (Australia) Pty Ltd ACN 000 067 185

First Respondent

Baltic Doors Pty Ltd ACN 007 390 132

Second Respondent

Procedural Posture

Industrial Law Adverse Action Claim / Final Judgment at Trial

Legal Issues

  1. 1 Whether failure to distribute gift cards to striking employees was adverse action because they exercised a workplace right
  2. 2 Whether such conduct constituted 'injury' or 'discrimination between' employees under s 342(1) of the Fair Work Act 2009

Ratio Decidendi

The respondents' refusal to give gift cards to striking employees was not taken 'because' those employees exercised a workplace right, but rather to reward employees who assisted the company during industrial action; therefore, the conduct did not constitute adverse action within the meaning of s 340 of the Fair Work Act 2009. Additionally, the failure to distribute gift cards was neither an 'injury' under item 1(b) nor 'discrimination between' employees in comparable circumstances under item 1(d) of the table in s 342(1).

Court Disposition

Application dismissed

Orders

  • The application be dismissed.