CFMEU v Mammoet Australia Pty Ltd

Adriana Orifici, ‘Fly-In Fly-Out Workers Entitled to Accommodation while on Strike: Construction Forestry Mining and Energy Union v Mammoet Australia Pty Ltd‘ (16 December 2013).
The High Court has unanimously allowed an appeal from the decision of the Federal Court of Australia in CFMEU v Mammoet Australia Pty Ltd. Several of Mammoet’s employees sought to engage in protected industrial action in relation to ‘fly in/fly out’ arrangements for mining workers in Western Australia. Mammoet notified the employees that it would no longer provide accommodation to them during the period of industrial action, alleging that it was obliged to do so under s 470(1) of the Fair Work Act 2009 (Cth), which prohibits ‘payment’ of employees during industrial action. On behalf of the employees the appellant union challenged Mammoet’s contention in the Federal Magistrates Court. Mammoet was successful before the Federal Magistrates Court, and Justice Gilmour of the Federal Court refused the appellant union’s application to have the appeal heard by a Full Court of the Federal Court. In interpreting s 470(1), the High Court ruled that the provision of accommodation at the site did not constitute a payment of money, nor was it provided in relation to non-performance of work during the strike period. The case will now be heard by the Federal Circuit Court of Australia.

High Court Judgment [2013] HCA 36 14 August 2013
Result Appeal allowed
High Court Documents CFMEU v Mammoet
Full Court Hearing [2013] HCATrans 150 20 June 2013
Special Leave Hearing [2013] HCATrans 79 12 April 2013
Appeal from FCA [2012] FCA 850  29 February 2012
FMCA Judgment [2011] FMCA 802  20 October 2011
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About Martin Clark

Martin Clark is a PhD Candidate and Judge Dame Rosalyn Higgins Scholar at the London School of Economics and Political Science and Research Fellow at Melbourne Law School. He holds honours degrees in law, history and philosophy from the University of Melbourne, and an MPhil in Law from MLS. While at MLS, he worked as a researcher for several senior faculty members, was a 2012 Editor of the Melbourne Journal of International Law, tutor at MLS and various colleges, a Jessie Legatt Scholar, and attended the Center for Transnational Legal Studies Program.