Quirk v Construction, Forestry, Mining and Energy Union NSW Branch and; Miller v Construction, Forestry, Mining and Energy Union NSW Branch

In *Quirk v Construction, Forestry, Mining and Energy Union NSW Branch* and *Miller v Construction, Forestry, Mining and Energy Union NSW Branch*, the applicants, Quirk and Miller, alleged that their dismissals from employment were in contravention of the general protections provisions of the *Fair Work Act 2009* (Cth). The respondent was the Construction, Forestry, Mining and Energy Union NSW Branch. The matter came before Judge Nicholls of the Federal Court of Australia.

The primary legal issue before the Court was whether the applicants' claims for unlawful dismissal under the general protections provisions of the *Fair Work Act 2009* (Cth) had reasonable prospects of success. This question arose in the context of an application for summary dismissal of the proceedings.

Judge Nicholls determined that the applicants' claims did not have reasonable prospects of success. The Court applied the principles governing summary dismissal, which require a high degree of certainty that a party cannot succeed. In reaching this conclusion, the Court considered the evidence and submissions presented, finding that the applicants had failed to establish a prima facie case that their dismissals were in contravention of the general protections. Consequently, the Court found that the proceedings should be summarily dismissed.