Recent Cases

Construction, Forestry, Maritime, Mining and Energy Union v DP World Sydney Ltd [2019] FCAFC 99 (20 June 2019) (Rares, Jagot and Bromwich JJ)


INDUSTRIAL LAW – protected action ballot – application for the extension of time under s 443(5) of the Fair Work Act for the giving of notice of the taking of industrial action – was the decision of the Full Bench of the Fair Work Commission subject to jurisdictional error –whether the Deputy President had exercised discretion upon finding exceptional circumstances – whether the Deputy President considered if the extended notice period would diminish the employees’ bargaining power – whether sufficient evidence was put before the Deputy President –application be dismissed.