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adverse actionindustrial activity
CFMMEU v BHP Coal Pty Ltd
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2014) 253 CLR 243; [2014] HCA 41
Key Principle
Under the adverse action / general protections provisions of the Fair Work Act 2009 (Cth) (ss 340, 346), liability turns on the actual reasons operating in the mind of the decision-maker; adverse action is unlawful only if taken because the employee's conduct had the character of a protected industrial activity, not merely because it occurred during such activity.
Area of Law
employment
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