Australian Mines and Metals Association Inc v Construction, Forestry, Maritime, Mining and Energy Union

(2018) 268 FCR 128; [2018] FCAFC 223

Full Court of the Federal Court14 December 2018

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Interrogate

Catchwords

1. Industrial Law

Quick Take

Pending civil penalty proceedings against organisations do not bar the Fair Work Commission from fixing an amalgamation day under s 73(2)(c) of the RO Act; only pending criminal proceedings constitute a bar.

Case Details

Citation[2018] FCAFC 223

Reported(2018) 268 FCR 128

CourtFCAFC

JurisdictionCommonwealth

Decision Date14 December 2018

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Cited by28

2026Ward v Commissioner of PoliceQSC 113
2023Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Austal Ships Pty LtdFCAFC 180
2022Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Austal Ships Pty LtdFCA 1462
2022Kelly v Construction, Forestry, Maritime, Mining and Energy UnionFCAFC 130
and 24 more after sign-in

Relies on18

2018Medical Board of Australia v KempVSCA 168
2018Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy UnionFCA 934
2015Fair Work Ombudsman v Quest South Perth Holdings Pty LtdHCA 45
2015Toms v Harbour City Ferries Pty LimitedFCAFC 35
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