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Cahill v Construction Forestry Mining and Energy Union (No 2)

[2008] FCA 1292 ; (2008) 170 FCR 357

Federal Court of Australia · 4 August 2008 · Official judgment

Cited by 21 indexed judgments

All Distinguished 2 Applied or followed 2 Cited 17

2008: 2 citing judgments 2009: 6 citing judgments 2010: 2 citing judgments, 1 negative 2011: 2 citing judgments 2013: 2 citing judgments 2014: 1 citing judgment 2015: 2 citing judgments, 1 negative 2017: 1 citing judgment 2019: 1 citing judgment 2022: 1 citing judgment 2025: 1 citing judgment 2008 2010 2015 2020 2025
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

Sort: Oldest first Newest first Most cited

  1. CBI Construction Pty Ltd v Abbott [2008] FCA 1629 Cited Federal Court of Australia · cited 8× · judgment
  2. Duffy v Construction, Forestry, Mining & Energy Union [2008] FCA 1804 Applied or followed Federal Court of Australia · cited 3× · judgment
  3. Cahill v Construction, Forestry, Mining and Energy Union (No 3) [2009] FCA 52 Cited Federal Court of Australia · cited 6× · judgment
  4. Williams v Automotive, Food, Metals, Engineering, Printing Kindred Industries Union (No. 2) [2009] FCA 103 Cited Federal Court of Australia · cited 2× · judgment
  5. Williams v Construction, Forestry, Mining and Energy Union [2009] FCA 223 Cited Federal Court of Australia · cited 30× · judgment
  6. Cahill v Construction, Forestry, Mining and Energy Union (No 4) [2009] FCA 1040 Cited Federal Court of Australia · cited 32× · judgment
  7. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2009] FCA 1092 Applied or followed Federal Court of Australia · cited 10× · judgment
  8. Australian Building & Construction Commissioner v Construction, Forestry, Mining & Energy Union [2009] FCA 1587 Cited Federal Court of Australia · cited 1× · judgment
  9. Australian Communications and Media Authority v Mobilegate Ltd A Company Incorporated in Hong Kong (No 7) [2010] FCA 133 Distinguished Federal Court of Australia · judgment
  10. Mortimore v Construction, Forestry, Mining and Energy Union [2010] FCA 537 Cited Federal Court of Australia · cited 1× · judgment
  11. Australian Building and Construction Commissioner v Abbott [2011] FCA 306 Cited Federal Court of Australia · judgment
  12. Helal v McConnell Dowell Constructors (Aust) Pty Ltd (No 3) [2011] FCA 1344 Cited Federal Court of Australia · cited 5× · judgment
  13. Australian Competition and Consumer Commission v Turi Foods Pty Ltd (No 4) [2013] FCA 665 Cited Federal Court of Australia · cited 17× · judgment
  14. BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] FCA 1291 Cited Federal Court of Australia · cited 10× · judgment
  15. Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining & Energy Union [2014] FCA 1373 Cited Federal Court of Australia · cited 4× · judgment
  16. Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2015] FCAFC 25 Cited Federal Court of Australia (Full Court) · cited 80× · judgment
  17. Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 170 Distinguished Federal Court of Australia (Full Court) · cited 2× · judgment
  18. Australian Building and Construction Commissioner v Parker [2017] FCA 564 Cited Federal Court of Australia · cited 22× · judgment
  19. Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (the Hutchison Ports Appeal) [2019] FCAFC 69 Cited Federal Court of Australia (Full Court) · cited 19× · judgment
  20. Secretary of the Ministry of Health v The New South Wales Nurses and Midwives’ Association [2022] NSWSC 1178 Cited Supreme Court of NSW · cited 37× · judgment
  21. Edwards v Golden Cockerel Pty Ltd [2025] FCA 152 Cited Federal Court of Australia · judgment

Tree of authority

Built on

The authorities this case relies on, earliest first, and the authorities those relied on. Open a branch to go further back.

Built upon

Later cases citing this one, in order of decision, and the cases citing them in turn. The most cited are shown at each level.

Authorities cited (25)

Earliest first, with how this judgment treated each.

  1. William H Muller & Cl Algemeene v Ebbw Vale Steel Iron & Coal Co Ltd [1936] 2 All ER 1363 Cited cited 5×
  2. Briginshaw v Briginshaw [1938] HCA 34 Cited cited 3,164×
  3. Union Bank of Australia Ltd v Puddy [1949] VLR 242 Applied or followed cited 22×
  4. Sid Ross Agency Pty Ltd v Actors and Announcers Equity Association of Australia [1971] 1 NSWLR 760 Cited cited 14×
  5. Trade Practices Commission v George Weston Foods Ltd (No 2) (1980) 43 FLR 55 Cited cited 12×
  6. Protean (Holdings) Ltd v American Home Assurance Co [1985] VR 187 Applied or followed cited 34×
  7. Residues Treatment & Trading Co Ltd v Southern Resources Ltd (1989) 52 SASR 54 Cited cited 22×
  8. ASX Operations Pty Ltd v Pont Data Australia Pty Ltd (No 1) [1990] FCA 710 Cited cited 66×
  9. Australian Builders' Labourers' Federated Union of Workers (WA Branch) v J-Corp Pty Ltd (1993) 114 ALR 551 Cited cited 7×
  10. Rasomen Pty Ltd v The Shell Company of Australia Ltd (1996) 71 FCR 540 Applied or followed cited 4×
  11. Rasomen Pty Ltd v Shell Company of Australia Ltd (1997) 75 FCR 216 Cited cited 27×
  12. Mining and Energy Union v Giudice (1998) 159 ALR 1 Cited cited 12×
  13. Communications Electrical Energy Information Postal Plumbing and Allied Services Union of Australia v Laing (1998) 159 ALR 73 Cited cited 3×
  14. Compaq Computer Australia Pty Ltd v Merry, Howard & Ors [1998] FCA 968 Cited cited 59×
  15. Davids Distribution Pty Ltd v National Union of Workers [1999] FCA 1108 Cited cited 110×
  16. Popovic v Tanasijevic (No 4) [1999] SASC 351 Cited
  17. (2000) 104 IR 158 Cited cited 5×
  18. Australian Competition & Consumer Commission v Amcor Printing Papers Group Pty Ltd [2000] FCA 17 Cited cited 51×
  19. The Original Juice Co Pty Limited v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2001] FCA 675 Cited cited 5×
  20. Prentice v Cummins (No. 4) [2002] FCA 1215 Cited cited 5×
  21. Transfield Construction Pty Ltd v Automotive Food, Metal, Engineering, Printing and Kindred Industries Union [2002] FCA 1413 Cited cited 13×
  22. ACCC v Leahy Petroleum [2004] FCA 1678 Cited cited 20×
  23. Tru Floor Service Pty Ltd v Jenkins (No 2) (2006) 232 ALR 532 Cited cited 11×
  24. Leighton Contractors Pty Ltd v CFMEU [2006] WASC 317 Cited cited 31×
  25. Temple v Powell [2008] FCA 714 Applied or followed cited 39×
How the citator works

Citations are read from the text of each indexed judgment. A report citation written alongside a neutral citation, such as [2008] HCA 9; (2008) 234 CLR 50, teaches the citator that both name the same case, so later citations by either are counted together.

Treatment is read from the words in the sentence that cites the case: overruled or disapproved; not followed or declined to follow; distinguished or distinguishable; doubted; applied, followed or adopted. Anything else is cited. It is a guide to which judgments to read, not a judicial history: a judgment that discusses a case at length without one of those words is shown as citing it, and one mentioning several cases in a sentence may attach the word to all of them.

Only judgments in this index are counted, mostly the High Court, the Federal Court and New South Wales courts and tribunals since 2006. Earlier cases appear as authorities but their own authorities are unknown, so a tree ends there. Check a treatment by reading the passage before relying on it.

Judgment text is from the Open Australian Legal Corpus (Isaacus, CC BY 4.0) and the courts’ own websites. Each judgment links to its official version: read it before relying on anything here.