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Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Bay Street Case) (No 2)

[2019] FCA 1859

Federal Court of Australia · 12 November 2019 · Official judgment

Cited by 8 indexed judgments

All Cited 8

2020: 6 citing judgments 2021: 1 citing judgment 2023: 1 citing judgment 2019 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, Maritime, Mining and Energy Union (Castlemaine Police Station Case No 2) [2020] FCA 202 Cited Federal Court of Australia · cited 7× · judgment
  2. Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The College Crescent Case) [2020] FCA 757 Cited Federal Court of Australia · cited 5× · judgment
  3. Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Constitution Place Case) [2020] FCA 1070 Cited Federal Court of Australia · cited 9× · judgment
  4. Australian Building and Construction Commissioner v Menon [2020] FCA 1418 Cited Federal Court of Australia · cited 12× · judgment
  5. 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
  6. Cummins South Pacific Pty Ltd v Keenan [2020] FCAFC 204 Cited Federal Court of Australia (Full Court) · cited 23× · judgment
  7. Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Adelaide Airport Case) [2021] FCA 951 Cited Federal Court of Australia · cited 13× · judgment
  8. Fair Work Ombudsman v Albert (No 3) [2023] FCA 220 Cited Federal Court of Australia · cited 1× · 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 (36)

Earliest first, with how this judgment treated each.

  1. R v McInerney (1986) 42 SASR 111 Cited cited 39×
  2. Veen v The Queen (No 2) [1988] HCA 14 Applied or followed cited 1,716×
  3. N W Frozen Foods Proprietary Ltd v Australian Competition & Consumer Commission [1996] FCA 1134 Cited cited 507×
  4. Canturi v Sita Coaches Pty Ltd (ACN 004 444 900) [2002] FCA 349 Cited cited 9×
  5. Australian Securities and Investments Commission v Southcorp Ltd (No 2) [2003] FCA 1369 Cited cited 39×
  6. R v Arundell [2003] VSCA 69 Cited cited 2×
  7. Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 Cited cited 168×
  8. Markarian v The Queen [2005] HCA 25 Cited cited 2,508×
  9. Fair Work Ombudsman v Maritime Union of Australia [2012] FCA 1232 Cited cited 15×
  10. Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20 Cited cited 319×
  11. Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54 Cited cited 460×
  12. Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46 Cited cited 467×
  13. Director of the Fair Work Building Industry Inspectorate v Robinson [2016] FCA 525 Cited cited 41×
  14. Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Yarra's Edge Case) [2016] FCA 772 Cited cited 12×
  15. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 3) [2017] FCA 10 Cited cited 13×
  16. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCA 1269 Cited cited 8×
  17. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Footscray Station Case) [2017] FCA 1555 Cited cited 13×
  18. Australian Building and Construction Commissioner v McDermott (No 2) [2017] FCA 797 Cited cited 24×
  19. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113 Cited cited 229×
  20. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 53 Cited cited 59×
  21. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Quest Apartments Case) (No 2) [2018] FCA 163 Cited cited 17×
  22. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Bay Street Case) [2018] FCA 83 Cited cited 16×
  23. Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2018] FCA 934 Cited cited 13×
  24. [2018] FCA 957 Cited cited 21×
  25. Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) (No 2) [2018] FCAFC 117 Applied or followed cited 13×
  26. Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) [2018] FCAFC 126 Cited cited 47×
  27. Auimatagi v Australian Building and Construction Commissioner [2018] FCAFC 191 Applied or followed cited 41×
  28. Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) [2018] FCAFC 97 Cited cited 86×
  29. Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Geelong Grammar School Case) (No 2) [2019] FCA 1498 Cited cited 8×
  30. Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining, and Energy Union (Syme Library Case) (No 2) [2019] FCA 1555 Cited cited 17×
  31. Australian Building and Construction Commissioner v Pattinson [2019] FCA 1654 Cited cited 17×
  32. Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Aldi/Altona North Case) (No 2) [2019] FCA 1667 Cited cited 4×
  33. Australian Building and Construction Commissioner v Hassett [2019] FCA 855 Applied or followed cited 8×
  34. Australian Building and Construction Commissioner v Powell (No 2) [2019] FCA 972 Cited cited 12×
  35. Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Laverton North and Cheltenham Premises Case) (No 2) [2019] FCA 973 Cited cited 14×
  36. Parker v Australian Building and Construction Commissioner [2019] FCAFC 56 Cited cited 48×
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.