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Tuesday, October 6, 2026

Employment Law Case Alert (No 11/2022) - Lexology

The following employment law cases have been reported:

Full court rejected mining and energy division attempt to withdraw from CFMMEU

A Full Court of the Federal Court upheld a decision of the Fair Work Commission rejecting a withdrawal attempt by the Mining and Energy division of the Construction, Forestry, Mining, Maritime and Energy Union.

Kelly v Construction, Forestry, Maritime, Mining and Energy Union (2022) 74 AILR ¶103-589; [2022] FCAFC 130, 8 August 2022.

Casual labour hire workers dismissed when assignment ended

Three casual labour hire employees were dismissed when their assignment ended where their employment contracts were specifically for engagement “on the Project”.

CEPU v AusTunnel Pty Ltd, SLC Snowy Hydro Joint Venture t/a Future Generation JV (2022) 74 AILR ¶103-590; [2022] FWC 1655, 1 August 2022.

Private agent suitable to conduct protected action ballot

A private agent was able to conduct a protected action ballot despite objections raised by the employer who sought that the ballot be conducted by the Australian Electoral Commission.

United Workers’ Union v Lemnos Foods Pty Ltd (2022) 74 AILR ¶103-591; [2022] FWC 2080, 5 August 2022.

Northern Territory police officers not protected from unfair dismissal under Fair Work Act

Members of the Northern Territory Police Force were not entitled to bring an application for unfair dismissal under the Fair Work Act 2009 (Cth).

Vale, Ban and Dridan v Northern Territory Police, Fire and Emergency Services (2022)...



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