Construction, Forestry, Mining and Energy Union v WA Universal Crane Hire Pty Ltd

The Construction, Forestry, Mining and Energy Union (CFMMEU) brought proceedings against WA Universal Crane Hire Pty Ltd (Universal Crane Hire) in the Federal Court of Australia. The dispute concerned allegations that Universal Crane Hire had contravened section 342 of the *Fair Work Act 2009* (Cth) by taking adverse action against an employee, Mr. Mark Johnson, because he was a member of the CFMMEU and had exercised rights conferred by the *Fair Work Act*. Specifically, the CFMMEU alleged that Universal Crane Hire had dismissed Mr. Johnson from his employment as a crane operator due to his union membership and his participation in protected industrial activities.

The primary legal issue before the Court was whether Universal Crane Hire had taken adverse action against Mr. Johnson for a prohibited reason, namely his membership of the CFMMEU and his engagement in protected industrial activities, in contravention of section 342(1) of the *Fair Work Act*. This required the Court to determine the true reason for Mr. Johnson's dismissal, considering the evidence presented by both parties regarding the circumstances surrounding his termination.

Justice Lucev considered the evidence, including the timing of the dismissal, the reasons articulated by Universal Crane Hire for the termination, and the employee's conduct. The Court applied the principles of statutory interpretation relevant to adverse action provisions, focusing on establishing a causal link between the prohibited reason and the adverse action taken. The Court found that the evidence did not establish that the prohibited reasons were a reason, let alone the sole or dominant reason, for the dismissal. The Court concluded that Universal Crane Hire had not contravened section 342(1) of the *Fair Work Act*.