Construction, Forestry, Maritime, Mining and Energy Union V BM Alliance Coal Operations Pty Ltd (No 2)
Citation: [2019] FCA 2146
At a glance
- Employees affected
- 1
What happened
Kim Star was employed by WorkPac and deployed to work at BM Alliance's Goonyella Riverside Mine from 2013 to November 2017. On 10 November 2017, BMA advised WorkPac that Star was no longer required. Star's employment was terminated on 13 November 2017 and she filed an unfair dismissal application. The Fair Work Commission found her dismissal unfair and ordered reinstatement. When WorkPac sought BMA's approval to reinstate Star, BMA refused on 24 September 2018. The CFMMEU then sued BMA for adverse action under Part 3-1 of the Fair Work Act.
What was decided
The court dismissed BMA's interlocutory application seeking summary dismissal of the union's proceedings. The critical issue was whether section 725 of the Fair Work Act barred the CFMMEU's application on the grounds that Star had already made an unfair dismissal application. The court found that section 725 applies only to applications made by the dismissed person themselves, not to applications made by unions on behalf of dismissed workers.
What it means for employers
Employers should not refuse to reinstate workers who have won unfair dismissal cases, as this may constitute adverse action under general protections provisions. Unions may bring general protections claims even where dismissed workers have brought unfair dismissal applications.
What it means for employees
Employees should be aware that unfair dismissal remedies and general protections claims are separate. Unions may pursue general protections claims where employers take adverse action (such as refusing reinstatement) arising from a worker's employment rights.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca2146Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →