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Australia grounds illegality

Construction Forestry Mining and Energy Union v Mammoet Australia Pty Ltd

(2013) 248 CLR 619
JurisdictionAustralia
CourtHigh Court of Australia
Year2013
StatusBinding authority

Summary

High Court construed Fair Work Act provisions on union officials' right of entry, holding that 'reasonable grounds for suspecting a contravention' is an objective test for permit holders.

Key Principle

right of entry; Fair Work Act; union official; permit holder; reasonable grounds for suspecting contravention

Area of Law

employment

Related Cases

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 275 CLR 165

Employee/independent contractor characterisation is determined by the legal rights and obligations in the written contract, not the totality of the relationship.

ZG Operations Australia Pty Ltd v Jamsek (2022) 275 CLR 215

HCA confirmed that employee/contractor distinction is determined by contractual terms alone, rejecting the multi-factorial totality-of-relationship test.

WorkPac Pty Ltd v Rossato (2021) 271 CLR 456

A casual employee's status is determined by the contractual terms at engagement; regularity of work pattern does not transform casual employment into permanent employment.

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