Helal v McConnell Dowell Constructors (Aust) Pty Ltd (No 3) [2011] FCA 1344 (25 November 2011)


INDUSTRIAL LAW – labour supplied by respondent to sub-contractor – building employees of sub-contractor not regulated by industrial agreement governing respondent – whether discriminatory action taken by respondent against employees of sub-contractor – whether such action was taken on ground that employees not covered by particular kind of industrial instrument – ground must be a “substantial and operative reason” for taking action – no discriminatory action found to have occurred