ARTICLE · 13 MARCH 2023

Federal Court win in adverse action claim

Hall Payne Lawyers

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Labour-hire workers are protected from actions that are taken against them by somebody other than their legal employer.

AustraliaEmployment and HR

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In 2021, Hall Payne Lawyers represented the CFMEU (QLD) in an adverse action claim against BM Alliance Coal Operations Pty Ltd ("BMA"). In January 2023, the Federal Court made an Order in favour of our client.

You can read the Orders for CFMEU v BM Alliance Coal Operations Pty Ltd here.

Background

The case concerned a member of the CFMEU ("the union") who worked for WorkPac (a labour-hire company) at BM Alliance Coal Operations Pty Ltd's Daunia mine near Moranbah in Queensland. Specifically, a member of the union had his access to the mine revoked by BMA after raising health and safety concerns. He was given a warning by his employer WorkPac. After an investigation by WorkPac into allegations of misconduct, his employment with WorkPac ultimately came to an end.

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