Construction, Forestry, Mining and Energy Union v Class 1 Form Pty Ltd

The Construction, Forestry, Mining and Energy Union (CFMEU) brought proceedings against Class 1 Form Pty Ltd in the Federal Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) and the *Work, Health and Safety Act 2011* (ACT). The CFMEU sought to establish that Class 1 Form had contravened provisions of the *Fair Work Act* relating to adverse action and the *Work, Health and Safety Act* concerning duties of care and the prohibition of discrimination against employees for exercising rights.

The primary legal issues before the Court were whether Class 1 Form had taken adverse action against certain employees for exercising workplace rights, specifically by terminating their employment, and whether the company had breached its duties under the *Work, Health and Safety Act* by failing to provide a safe working environment and by discriminating against employees who had raised safety concerns. The Court was required to determine if the evidence established the necessary causal link between the employees' exercise of rights and the adverse actions taken by the employer, and to assess the employer's compliance with its health and safety obligations.

In its reasoning, the Court applied the principles of statutory interpretation relevant to the *Fair Work Act* and the *Work, Health and Safety Act*. The Court considered the onus of proof under section 140(2) of the *Evidence Act 1995* (Cth) in civil proceedings, requiring the CFMEU to establish its case on the balance of probabilities. The Court analysed the evidence presented by both parties, including witness testimony and documentary evidence, to ascertain the reasons for the termination of employment and the circumstances surrounding the alleged breaches of health and safety duties. The Court found that the CFMEU had not discharged its onus of proof in relation to the adverse action claims, determining that the evidence did not establish that the adverse action was taken because the employees had exercised a workplace right. Similarly, the Court found that the evidence did not establish breaches of the *Work, Health and Safety Act*.

The Court ordered that the application by the CFMEU be dismissed.