Construction, Forestry, Mining and Energy Union v Bengalla Mining Company Pty Limited (No 2)

The case Construction, Forestry, Mining and Energy Union v Bengalla Mining Company Pty Limited (No 2) involved the union pursuing claims of adverse action against Bengalla Mining Company, which were later abandoned. The union had amended its statement of claim to include allegations based on a letter sent by Bengalla to an employee, which the union had previously indicated it had no objection to. Bengalla sought costs under section 570 of the Fair Work Act 2009, arguing the union's conduct was unreasonable. The court found that the union's conduct in making and pursuing the additional allegations was indeed unreasonable as the letter in question did not contain a threat of adverse action. The court determined that Bengalla should recover the costs incurred in meeting the additional allegations, ordering the union to pay all the costs of filing the amended defence, 25% of the costs of preparing and filing Bengalla's affidavits and submissions, and 10% of the costs of the hearing. This decision highlights the importance of ensuring that litigation is conducted reasonably and efficiently, and that unnecessary costs can be recovered when parties act unreasonably.