Australian Building and Construction Commissioner v Molina [2020] FCAFC 97 (29 May 2020) (Bromberg, Colvin and Abraham JJ)


Catchwords:


INDUSTRIAL LAW – appeal from decision of primary judge dismissing application for declarations that respondents contravened s 346(b) and s 348 of the Fair Work Act 2009 (Cth) – whether primary judge erred in approach to construction of s 346 – whether threat of adverse of action – consideration of when a threat to take action will be adverse action – whether primary judge erred in finding that presumption in s 361 does not apply to allegations that a person threatened to take action with intent to coerce – appeal dismissed

INDUSTRIAL LAW – application by appellant for leave to advance new case on appeal – consideration of nature of conduct and intent required to establish coercion under s 348 – where appellant sought to depart from case run before primary judge – leave refused