Full Court Minute Books

Case B23/2014

Construction, Forestry, Mining and Energy Union v. BHP Coal Pty Ltd

Case No.


Case Information

Lower Court Judgment

13/12/2013 Federal Court of Australia (Dowsett J, Kenny J, Flick J)

[2013] FCAFC 132


Industrial law - Fair Work Act 2009 (Cth) ("Act"), ss 346 and 347 - Employee of respondent joined strikes which were protected industrial action under s 408 of Act - Employee held sign deemed offensive and contrary to respondent's code of conduct - Employee dismissed by respondent - Whether employer can avoid liability under s 346(b) for adverse action taken against another person who has engaged in industrial activity by characterising that activity as being in breach of code of conduct policy - Whether court below bound by decisions in Barclay and General Motors v Bowling.

Short particulars


16/05/2014 Hearing (SLA, Canberra v/link Brisbane)

30/05/2014 Notice of appeal

20/06/2014 Written submissions (Appellant)

20/06/2014 Chronology (Appellant)

11/07/2014 Written submissions (Respondent)

25/07/2014 Reply

03/09/2014 Hearing (Full Court, Brisbane) (Audio-visual recording)

16/10/2014 Judgment (Judgment summary)