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Esso Australia Pty Ltd v The Australian Workers' Union

[2017] HCA 54 ; (2017) 263 CLR 551 ; (2017) 350 ALR 404 ; (2017) 92 ALJR 106 ; (2018) 350 ALR 404

High Court of Australia · 6 December 2017 · Official judgment

Cited by 64 indexed judgments

All Doubted 1 Applied or followed 1 Cited 62

2017: 2 citing judgments 2018: 15 citing judgments 2019: 8 citing judgments 2020: 8 citing judgments, 1 negative 2021: 10 citing judgments 2022: 6 citing judgments 2023: 7 citing judgments 2024: 6 citing judgments 2025: 2 citing judgments 2017 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. Charles, on behalf of Mount Jowlaenga Polygon # 2 v Sheffield Resources Limited [2017] FCAFC 218 Cited Federal Court of Australia (Full Court) · cited 8× · judgment
  2. Vodafone Hutchison Australia Pty Ltd v Australian Competition Consumer Commission [2017] FCA 1549 Cited Federal Court of Australia · judgment
  3. Australian Building and Construction Commissioner v O'Connor (No 3) [2018] FCA 43 Cited Federal Court of Australia · cited 7× · judgment
  4. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] FCA 42 Cited Federal Court of Australia · cited 9× · judgment
  5. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Bay Street Case) [2018] FCA 83 Cited Federal Court of Australia · cited 16× · judgment
  6. Friends of Leadbeater's Possum Inc v VicForests [2018] FCA 178 Cited Federal Court of Australia · cited 22× · judgment
  7. Barr (a pseudonym) v Director of Public Prosecutions (NSW) [2018] NSWCA 47 Cited NSW Court of Appeal · cited 21× · judgment
  8. Australian Building and Construction Commissioner v Hall [2018] FCAFC 83 Cited Federal Court of Australia (Full Court) · cited 52× · judgment
  9. Australian Building and Construction Commissioner v Upton (The Gorgon Project Case) (No 2) [2018] FCA 897 Cited Federal Court of Australia · cited 6× · judgment
  10. Bautista v Minister for Immigration and Border Protection [2018] FCA 1114 Cited Federal Court of Australia · judgment
  11. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Syme Library Case) [2018] FCA 1142 Cited Federal Court of Australia · cited 3× · judgment
  12. Australian Building and Construction Commissioner v Ravbar [2018] FCA 1196 Cited Federal Court of Australia · cited 4× · judgment
  13. Lordianto v Commissioner of the Australian Federal Police [2018] NSWCA 199 Cited NSW Court of Appeal · cited 5× · judgment
  14. Australian Building and Construction Commissioner v McDermott (No 2) [2018] FCA 1611 Cited Federal Court of Australia · cited 4× · judgment
  15. Auimatagi v Australian Building and Construction Commissioner [2018] FCAFC 191 Cited Federal Court of Australia (Full Court) · cited 41× · judgment
  16. Van Der Borght v Memjet North Ryde Pty Ltd [2018] NSWDC 346 Cited District Court of NSW · cited 1× · judgment
  17. Esso Australia Pty Ltd v Australian Workers Union (No 2) [2018] FCA 2089 Cited Federal Court of Australia · cited 2× · judgment
  18. Minister for Industrial Relations for the State of Victoria v Esso Australia Pty Ltd [2019] FCAFC 26 Cited Federal Court of Australia (Full Court) · cited 3× · judgment
  19. Patrick Stevedores Holdings Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 451 Cited Federal Court of Australia · cited 12× · judgment
  20. Parker v Australian Building and Construction Commissioner [2019] FCAFC 56 Cited Federal Court of Australia (Full Court) · cited 48× · judgment
  21. Australian Building & Construction Commissioner v Molina (No 2) [2019] FCA 1014 Cited Federal Court of Australia · cited 2× · judgment
  22. The Secretary of the Department of Family and Community Services (DFaCS) and Krystal [2019] NSWChC 6 [2019] NSWCHC 6 Cited Children’s Court of NSW · judgment
  23. Shafran v Repatriation Commission [2019] FCA 1833 Cited Federal Court of Australia · cited 3× · judgment
  24. Metro Trains Melbourne Pty Ltd v Australian Rail, Tram and Bus Industry Union (No 2) [2019] FCA 2034 Cited Federal Court of Australia · cited 2× · judgment
  25. Newton v Australian Postal Corporation (No 2) [2019] FCA 2192 Cited Federal Court of Australia · cited 9× · judgment
  26. Esso Australia Pty Ltd v Australian Workers Union (No 3) [2020] FCA 316 Cited Federal Court of Australia · cited 2× · judgment
  27. Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd [2020] FCAFC 81 Cited Federal Court of Australia (Full Court) · cited 9× · judgment
  28. Australian Building and Construction Commissioner v Molina [2020] FCAFC 97 Cited Federal Court of Australia (Full Court) · cited 9× · judgment
  29. Carter v Hastings River Greyhound Racing Club [2020] NSWCA 185 Applied or followed NSW Court of Appeal · cited 4× · judgment
  30. Retail and Fast Food Workers Union Incorporated v Tantex Holdings Pty Ltd [2020] FCA 1258 Doubted Federal Court of Australia · cited 10× · judgment
  31. Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Bay Street Appeal) [2020] FCAFC 192 Cited Federal Court of Australia (Full Court) · cited 36× · judgment
  32. Australian Building and Construction Commissioner v Ingham [2020] FCA 1632 Cited Federal Court of Australia · judgment
  33. Heiko Constructions T/A Heiko Constructions Pty Ltd v Tyson [2020] FCAFC 208 Cited Federal Court of Australia (Full Court) · cited 6× · judgment
  34. King Eeducational Service Pty Ltd v Chief Executive Officer of the Australian Skills Quality Authority (No 2) [2021] FCA 183 Cited Federal Court of Australia · cited 2× · judgment
  35. GC Group Company Pty Ltd v Bingo Holdings Pty Ltd (No 3) [2021] NSWSC 252 Cited Supreme Court of NSW · cited 1× · judgment
  36. BP7 Pty Ltd v Gavancorp Pty Ltd [2021] NSWSC 265 Cited Supreme Court of NSW · cited 1× · judgment
  37. Burrows v Houda (No. 2) [2021] NSWDC 127 Cited District Court of NSW · judgment
  38. Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (No 3) (The Botany Cranes Case) [2021] FCA 363 Cited Federal Court of Australia · cited 7× · judgment
  39. Robson as former trustee of the estate of Samsakopoulos v Body Corporate for Sanderling at Kings Beach CTS 2942 [2021] FCAFC 143 Cited Federal Court of Australia (Full Court) · cited 26× · judgment
  40. Secretary, New South Wales Department of Communities & Justice; Re ‘K’; and ‘M’ [2021] NSWSC 1314 Cited Supreme Court of NSW · cited 5× · judgment
  41. Xerri v R [2021] NSWCCA 268 Cited NSW Court of Criminal Appeal · cited 14× · judgment
  42. Walker v Members Equity Bank Ltd [2021] FCA 1554 Cited Federal Court of Australia · cited 1× · judgment
  43. Australian Federation of Air Pilots v Regional Express Holdings Limited [2021] FCAFC 226 Cited Federal Court of Australia (Full Court) · cited 9× · judgment
  44. Star Entertainment Group Limited v Chubb Insurance Australia Ltd [2022] FCAFC 16 Cited Federal Court of Australia (Full Court) · cited 18× · judgment
  45. Hamzy v Commissioner of Corrective Services NSW [2022] NSWCA 16 Cited NSW Court of Appeal · cited 10× · judgment
  46. H. Lundbeck A/S v Sandoz Pty Ltd [2022] HCA 4 Cited High Court of Australia · cited 14× · judgment
  47. Messenger v Commonwealth of Australia (Represented by the Department of Finance) [2022] FCA 677 Cited Federal Court of Australia · cited 6× · judgment
  48. Knowles v Commonwealth of Australia [2022] FCA 741 Cited Federal Court of Australia · cited 6× · judgment
  49. Director of Public Prosecutions (NSW) v Van Gestal [2022] NSWSC 973 Cited Supreme Court of NSW · cited 6× · judgment
  50. Fair Work Ombudsman v Roach (The Melbourne Quarter Case) [2023] FCA 156 Cited Federal Court of Australia · cited 2× · judgment

Tree of authority

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.

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.