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Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Constitution Place Case)

[2020] FCA 1070 ; (2020) 299 IR 231

Federal Court of Australia · 28 July 2020 · Official judgment

Cited by 9 indexed judgments

All Distinguished 1 Cited 8

2020: 1 citing judgment 2021: 5 citing judgments, 1 negative 2022: 1 citing judgment 2023: 2 citing judgments 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. 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
  2. Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (No 3) (The Botany Cranes Case) [2021] FCA 363 Distinguished Federal Court of Australia · cited 7× · judgment
  3. Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (the WGC Cranes Case) [2021] FCA 622 Cited Federal Court of Australia · cited 6× · judgment
  4. Seven Network v Cricket Australia [2021] FCA 1031 Cited Federal Court of Australia · cited 4× · judgment
  5. Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The DoubleTree Hilton Case) [2021] FCA 1468 Cited Federal Court of Australia · cited 3× · judgment
  6. Australian Building and Construction Commissioner v Holl (The Wheeler Cranes Case) [2021] FCA 1480 Cited Federal Court of Australia · cited 3× · judgment
  7. Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Case) (No 2) [2022] FCA 19 Cited Federal Court of Australia · cited 3× · judgment
  8. Fair Work Ombudsman (formerly Australian Building and Construction Commissioner) v Construction, Forestry, Maritime, Mining and Energy Union (The Constitution Place Case) (No 2) [2023] FCA 13 Cited Federal Court of Australia · cited 5× · judgment
  9. Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (The Botany Cranes Case) [2023] FCAFC 40 Cited Federal Court of Australia (Full Court) · 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 (70)

Earliest first, with how this judgment treated each.

  1. Director of Public Prosecutions v Ottewell (1968) 52 Cr. App. R. 679 Cited cited 2×
  2. R v McInerney (1986) 42 SASR 111 Cited cited 39×
  3. Veen v The Queen (No 2) [1988] HCA 14 Cited cited 1,716×
  4. Kweifio-Okai v RMIT University (1999) 47 AILR 4 Cited cited 3×
  5. Construction, Forestry, Mining & Energy Union v Coal & Allied Operations Pty Ltd (No 2) [1999] FCA 1714 Cited cited 69×
  6. Nezovic v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) [2003] FCA 1263 Cited cited 37×
  7. R v Arundell [2003] VSCA 69 Cited cited 2×
  8. Australian Competition and Consumer Commission v Midland Brick Co Pty Ltd (ACN 008 672 244) and Others [2004] FCA 693 Cited cited 63×
  9. Australian Competition & Consumer Commission v Leahy Petroleum Pty Ltd (No 3) [2005] FCA 265 Cited cited 107×
  10. Markarian v The Queen [2005] HCA 25 Cited cited 2,508×
  11. Leighton Contractors Pty Ltd v CFMEU [2006] WASC 317 Cited cited 31×
  12. Alfred v Lanscar [2007] FCA 1001 Cited cited 7×
  13. BHP Billiton Iron Ore v The National Competition Council [2007] FCAFC 157 Cited cited 50×
  14. Stuart-Mahoney v Construction, Forestry, Mining and Energy Union [2008] FCA 1426 Cited cited 65×
  15. Cruse v Multiplex Limited [2008] FCAFC 179 Cited cited 34×
  16. Mornington Inn Pty Ltd v Jordan [2008] FCAFC 70 Cited cited 129×
  17. Cahill v Construction, Forestry, Mining and Energy Union (No 4) [2009] FCA 1040 Cited cited 32×
  18. Williams v Construction, Forestry, Mining and Energy Union (No 2) [2009] FCA 548 Cited cited 27×
  19. Draffin v Construction, Forestry, Mining and Energy Union [2009] FCAFC 120 Cited cited 26×
  20. Construction, Forestry, Mining and Energy Union v Williams [2009] FCAFC 171 Cited cited 80×
  21. Hardwick v Australian Manufacturing Workers' Union (2010) 62 AILR 101 Cited cited 2×
  22. Hardwick v Australian Manufacturing Workers’ Union [2010] FCA 818 Cited cited 10×
  23. QR Limited v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2010] FCAFC 150 Cited cited 37×
  24. Stuart v Construction, Forestry, Mining and Energy Union [2010] FCAFC 65 Cited cited 36×
  25. Construction, Forestry, Mining and Energy Union v John Holland Pty Ltd [2010] FCAFC 90 Cited cited 30×
  26. White v Construction Forestry Mining and Energy Union [2011] FCA 192 Cited cited 14×
  27. Alfred v Construction, Forestry, Mining and Energy Union [2011] FCA 556 Cited cited 18×
  28. Gregor v Construction Forestry Mining and Energy Union [2011] FCA 808 Cited cited 5×
  29. Warrell v Fair Work Australia (2012) 64 AILR 101 Cited cited 3×
  30. Fair Work Ombudsman v Maritime Union of Australia [2012] FCA 1232 Cited cited 15×
  31. Australian Competition and Consumer Commission v Apple Pty Limited [2012] FCA 646 Cited cited 36×
  32. Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2012] FCA 966 Cited cited 3×
  33. Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCA 1014 Cited cited 10×
  34. Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining & Energy Union [2014] FCA 126 Cited cited 5×
  35. Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 160 Cited cited 19×
  36. Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1213 Cited cited 38×
  37. Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 1462 Cited cited 15×
  38. Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited [2015] FCA 330 Cited cited 164×
  39. Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 407 Cited cited 25×
  40. Director, Fair Work Building Industry Inspectorate v Cradden [2015] FCA 614 Cited cited 10×
  41. Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46 Cited cited 467×
  42. Director of the Fair Work Building Industry Inspectorate v Robinson [2016] FCA 525 Cited cited 41×
  43. Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2016] FCA 607 Applied or followed cited 4×
  44. 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×
  45. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 3) [2017] FCA 10 Cited cited 13×
  46. Australian Building and Construction Commissioner v Parker (No 2) [2017] FCA 1082 Cited cited 11×
  47. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCA 1269 Cited cited 8×
  48. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Perth Childrens' Hospital Contraventions Case) [2017] FCA 491 Cited cited 10×
  49. Australian Building and Construction Commissioner v Parker [2017] FCA 564 Cited cited 22×
  50. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (the Webb Dock case) [2017] FCA 62 Cited cited 18×
  51. Australian Building and Construction Commissioner v Harris [2017] FCA 733 Cited cited 13×
  52. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113 Cited cited 229×
  53. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 53 Cited cited 59×
  54. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The BKH Contractors Case) (No 2) [2018] FCA 1563 Cited cited 7×
  55. Australian Building and Construction Commissioner v Ingham (No 2) (The Enoggera Barracks Case) [2018] FCA 263 Cited cited 16×
  56. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Bay Street Case) [2018] FCA 83 Cited cited 16×
  57. Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2018] FCA 934 Cited cited 13×
  58. Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) (No 2) [2018] FCAFC 117 Cited cited 13×
  59. Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) [2018] FCAFC 126 Cited cited 47×
  60. Auimatagi v Australian Building and Construction Commissioner [2018] FCAFC 191 Cited cited 41×
  61. 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×
  62. Commissioner of the Australian Building and Construction Commission v Hall [2018] FCCA 3532 Cited
  63. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] HCA 3 Cited cited 152×
  64. Parker v Australian Building and Construction Commissioner (2019) 286 IR 116 Cited cited 2×
  65. Australian Building and Construction Commissioner v Pattinson [2019] FCA 1654 Cited cited 17×
  66. Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Bay Street Case) (No 2) [2019] FCA 1859 Cited cited 8×
  67. Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The NewCold Picket Case) [2019] FCA 2038 Cited cited 8×
  68. Parker v Australian Building and Construction Commissioner [2019] FCAFC 56 Cited cited 48×
  69. Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Castlemaine Police Station Case No 2) [2020] FCA 202 Cited cited 7×
  70. Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The BKH Contractors Appeal) [2020] FCAFC 9 Cited cited 6×
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.