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Construction, Forestry, Mining and Energy Union v Australian Building and Construction Commissioner

[2016] FCAFC 184 ; (2016) 247 FCR 339 ; (2016) 341 ALR 383

Federal Court of Australia (Full Court) · 21 December 2016 · Official judgment

Cited by 17 indexed judgments

All Applied or followed 1 Cited 16

2017: 12 citing judgments 2018: 1 citing judgment 2019: 1 citing judgment 2020: 2 citing judgments 2021: 1 citing judgment 2016 2018 2020 2022 2024 2026
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

Sort: Oldest first Newest first Most cited

  1. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 3) [2017] FCA 10 Cited Federal Court of Australia · cited 13× · judgment
  2. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (the Webb Dock case) [2017] FCA 62 Cited Federal Court of Australia · cited 18× · judgment
  3. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 53 Cited Federal Court of Australia (Full Court) · cited 59× · judgment
  4. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Perth Childrens' Hospital Contraventions Case) [2017] FCA 491 Cited Federal Court of Australia · cited 10× · judgment
  5. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113 Cited Federal Court of Australia (Full Court) · cited 229× · judgment
  6. Australian Building and Construction Commissioner v Parker (No 2) [2017] FCA 1082 Cited Federal Court of Australia · cited 11× · judgment
  7. Construction, Forestry, Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate [2017] FCA 1166 Cited Federal Court of Australia · cited 1× · judgment
  8. Construction, Forestry, Mining and Energy Union v Decmil Engineering Pty Ltd (No 2) [2017] FCA 1237 Applied or followed Federal Court of Australia · cited 8× · judgment
  9. Coady v Yachting Victoria [2017] FCA 1290 Cited Federal Court of Australia · judgment
  10. Fair Work Ombudsman v NSH North Pty Ltd trading as New Shanghai Charlestown [2017] FCA 1301 Cited Federal Court of Australia · cited 22× · judgment
  11. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Footscray Station Case) [2017] FCA 1555 Cited Federal Court of Australia · cited 13× · judgment
  12. United Firefighters Union of Australia v Country Fire Authority (No 2) [2017] FCA 1614 Cited Federal Court of Australia · cited 4× · judgment
  13. Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) [2018] FCAFC 97 Cited Federal Court of Australia (Full Court) · cited 86× · judgment
  14. Parker v Australian Building and Construction Commissioner [2019] FCAFC 56 Cited Federal Court of Australia (Full Court) · cited 48× · judgment
  15. Association of Professional Engineers, Scientists and Managers Australia v Bulga Underground Operations Pty Ltd (No 2) [2020] FCA 812 Cited Federal Court of Australia · cited 1× · judgment
  16. Pattinson v Australian Building and Construction Commissioner [2020] FCAFC 177 Cited Federal Court of Australia (Full Court) · cited 67× · judgment
  17. Australian Securities and Investments Commission v Allianz Australia Insurance Limited [2021] FCA 1062 Cited Federal Court of Australia · cited 10× · 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 (19)

Earliest first, with how this judgment treated each.

  1. House v The King [1936] HCA 40 Cited cited 4,342×
  2. Australian Building Construction Employees' and Builders Labourers' Federation v Minister of State for Industrial Relations (1982) 43 ALR 189 Cited cited 12×
  3. Kioa v West [1985] HCA 81 Distinguished cited 1,205×
  4. Jackson v Sterling Industries Ltd [1987] HCA 23 Cited cited 369×
  5. Trade Practices Commission v CSR Ltd [1990] FCA 762 Cited cited 132×
  6. Telstra Corporation Ltd v Kendall, R A [1995] FCA 16 Cited cited 28×
  7. N W Frozen Foods Proprietary Ltd v Australian Competition & Consumer Commission [1996] FCA 1134 Cited cited 507×
  8. Australian Competition & Consumer Commission v Australian Safeway Stores Pty Ltd & Ors [1997] FCA 450 Applied or followed cited 163×
  9. Pilbara Aboriginal Land Council Aboriginal Corporation Inc v Minister for Aboriginal & Torres Strait Islander Affairs [2000] FCA 1113 Cited cited 65×
  10. Printing and Kindred Industries Union v Thornton Engineering Australia Pty Ltd [2009] FCA 1584 Cited cited 6×
  11. Australian Licenced Aircraft Engineers Association v International Aviations Service Assistance Pty Ltd [2011] FCA 333 Cited cited 48×
  12. Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20 Cited cited 319×
  13. Director of the Fair Work Building Industry Inspectorate v Upton [2015] FCA 672 Cited cited 13×
  14. Director of the Fair Work Building Industry Inspectorate v Bragdon (No 2) [2015] FCA 998 Cited cited 16×
  15. Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46 Cited cited 467×
  16. Australian Competition and Consumer Commission v Australia and New Zealand Banking Group Limited [2016] FCA 1516 Cited cited 29×
  17. Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2016] FCA 436 Cited cited 25×
  18. Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2016] FCA 453 Cited cited 16×
  19. Bragdon v Director of the Fair Work Building Industry Inspectorate [2016] FCAFC 64 Cited cited 20×
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.