Construction, Forestry, Mining and Energy Union v Hume Highway Constructions Pty Ltd and Anor (No.3)

In *Construction, Forestry, Mining and Energy Union v Hume Highway Constructions Pty Ltd and Anor (No.3)*, heard by Judge Cameron in the Federal Court of Australia, the Construction, Forestry, Mining and Energy Union (CFMMEU) brought proceedings against Hume Highway Constructions Pty Ltd and another respondent. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by the respondents.

The primary legal issue before the Court was whether the respondents had contravened section 500 of the *Fair Work Act 2009* (Cth) by taking adverse action against an employee, Mr. David O'Connor, because he had exercised his workplace rights. Specifically, the CFMMEU alleged that Hume Highway Constructions had dismissed Mr. O'Connor from his employment due to his involvement in protected industrial activities, including the reporting of safety concerns and the participation in union activities.

Judge Cameron considered the evidence presented by both parties, focusing on the timing of Mr. O'Connor's dismissal in relation to his protected actions and the reasons articulated by the employer for the termination. The Court applied the principles established in cases concerning adverse action, which require the applicant to demonstrate that a prohibited reason was a substantial and operative reason for the adverse action taken. The Court found that the evidence did not establish that the exercise of Mr. O'Connor's workplace rights was a substantial and operative reason for his dismissal.

Consequently, the Court dismissed the CFMMEU's application, finding that the respondents had not contravened section 500 of the *Fair Work Act 2009* (Cth).