Construction, Forestry, Mining and Energy Union v Bechtel Construction (Australia) Pty Ltd [2013] FCA 667

Construction, Forestry, Mining and Energy Union v Bechtel Construction (Australia) Pty Ltd [2013] FCA 667

Only Mr Dodd's circumstances justified the exercise of discretion for an interlocutory reinstatement order, as his participation in the alleged industrial action did not establish unlawful conduct and might have resulted from the docking of pay rather than participation in the meeting. There was insufficient evidence to justify interim reinstatement for the other five employees.

Jurisdiction
Australia
Judgment Date
08 July 2013
Procedural Posture
Interlocutory Application / Interlocutory Orders in Aid of Principal Proceedings
Outcome
interlocutory reinstatement order granted in part; otherwise dismissed
Legal Topics
['interlocutory Relief' 're Instatement' 'adverse Action' 'workplace Rights' 'termination of Employment']
['industrial Law'] ['interlocutory Relief' 're Instatement' 'adverse Action' 'workplace Rights' 'termination of Employment']

Case Brief

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Procedural Posture

Interlocutory Application / Interlocutory Orders in Aid of Principal Proceedings

Legal Issues

  1. 1 ['Whether interlocutory relief in the nature of a re-instatement order should be granted pending trial' 'Whether the termination of employment and the issuing of warnings constituted contraventions of the Fair Work Act 2009 (Cth)' 'Whether employees exercised workplace rights under workplace law (safety consultation) or engaged in unlawful industrial action']

Ratio Decidendi

Only Mr Dodd's circumstances justified the exercise of discretion for an interlocutory reinstatement order, as his participation in the alleged industrial action did not establish unlawful conduct and might have resulted from the docking of pay rather than participation in the meeting. There was insufficient evidence to justify interim reinstatement for the other five employees.

Court Disposition

interlocutory reinstatement order granted in part; otherwise dismissed

Orders

  • ['Until hearing and determination or further order, Bechtel re-instate Mr Kerry Dodd to his former employment on the same terms and conditions that applied prior to 4 July 2013.' 'The application is otherwise dismissed.' 'The costs of the application are reserved.']