Recent Cases

Kelly v Construction, Forestry, Maritime, Mining and Energy Union [2022] FCAFC 130 (08 August 2022) (Katzmann, Rangiah and O’Callaghan JJ)


INDUSTRIAL LAW – application for judicial review of a decision of the Fair Work Commission dismissing applicant’s application under s 94 of the Fair Work (Registered Organisations) Act 2009 (Cth) for a secret ballot to be held to decide whether the Mining and Energy Division of the respondent Union should withdraw from the organisation – whether the Commission erred in finding that the Division became part of the organisation as a result of an amalgamation outside the period prescribed in s 94 for making an application – whether in any event, the Division is not a constituent part of the Union for the purposes of s 94