High Court Registry closure

The High Court Registry will be closed from 4.00pm on Wednesday, 24 December 2025 and will re-open at 9:00am on Friday, 2 January 2026.

Any party seeking to file a document due to be filed between 25 December 2025 and 1 January 2026 has an automatic extension of time under the  High Court Rules 2004 (Rule 4.01.5) until 4:00pm on Friday, 2 January 2026 to file the document. Any documents lodged between 25 December 2025 and 1 January 2026 will be reviewed on 2 January 2026.

All inquiries for the High Court will be considered when the Registry re-opens on Friday, 2 January 2026.If a matter is of extreme urgency, you may telephone 1800 570 566, select Option 1 and leave a voicemail. In addition provide details by email to: registry@hcourt.gov.au.

Construction, Forestry, Mining and Energy Union v. BHP Coal Pty Ltd

Case No. B23/2014
Case information

Lower Court Judgment

13/12/2013 Federal Court of Australia (Dowsett J, Kenny J, Flick J)

[2013] FCAFC 132

Catchwords

Industrial law - Fair Work Act 2009 (Cth) ("Act"), ss 346 and 347 - Employee of respondent joined strikes which were protected industrial action under s 408 of Act - Employee held sign deemed offensive and contrary to respondent's code of conduct - Employee dismissed by respondent - Whether employer can avoid liability under s 346(b) for adverse action taken against another person who has engaged in industrial activity by characterising that activity as being in breach of code of conduct policy - Whether court below bound by decisions in Barclay and General Motors v Bowling.

Short particulars

Documents

16/05/2014 Hearing (SLA, Canberra v/link Brisbane)

30/05/2014 Notice of appeal

20/06/2014 Written submissions (Appellant)

20/06/2014 Chronology (Appellant)

11/07/2014 Written submissions (Respondent)

25/07/2014 Reply

03/09/2014 Hearing (Full Court, Brisbane) (Audio-visual recording)

16/10/2014 Judgment (Judgment summary)