Recent Cases

Construction, Forestry, Maritime, Mining and Energy Union v DuluxGroup (Australia) Pty Ltd [2022] FCAFC 101 (09 June 2022) (Collier, Bromwich and Lee JJ)


INDUSTRIAL LAW – application for judicial review – writs of certiorari and mandamus sought – where Full Bench confirmed a decision of a Deputy President of the Fair Work Commission determining the CFMMEU did not have standing to make an application for a bargaining order under s 229 of the Fair Work Act 2009 (Cth) – where CFMMEU not entitled under the Rules of the CFMMEU (Rules) to represent the industrial interests of a particular Dulux employee – where applicant alleged Full Bench had fallen into jurisdictional error in finding the CFMMEU was not entitled to represent the industrial interest of a particular Dulux employee – jurisdictional fact as to whether a valid application for a bargaining order existed – consideration as to whether employee was a forklift driver – construction of CFMMEU’s Rules