Linda Helal v McConnell Dowell Constructors (Aust) Pty Ltd
Court file number: VID632/2010
Applicant: ABCC Inspector Linda Helal
Respondent(s): McConnell Dowell Constructors (Aust) Pty Ltd
Date filed: 10 July 2010
Alleged breach: Breach of Order
- Helal v McConnell Dowell Constructors (Aust) Pty Ltd (No 3)  FCA 1344 (25 November 2011)
- An appeal was filed on 14 Dec 2011. The Full Court of the Federal Court of Australia handed down its decision on 29 June 2012 dismissing the FWBC appeal.
- Australian Building and Construction Commissioner v McConnell Dowell Constructors (Aust) Pty Ltd  FCAFC 93 (29 June 2012)
In December 2008 McConnell Dowell Constructors (Aust) Pty Ltd (MCD) engaged Hanlon Industries Pty Ltd to perform works for the Corio Quay North Number 4 Ship Loader project in Geelong, Victoria.
In March 2009 Hanlon Industries entered into an agreement with MCD for the steel assembly works to take place on site.
On 12 May 2009 MCD allegedly wrote to Hanlon Industries and revoked the agreement because Hanlon Industries were not party to a workplace agreement. The Inspector alleged MCD contravened s 45 of the BCII Act (Discrimination against employer in relation to industrial instruments).
A five day trial commenced on 17 October 2011. A trial took place over two and a half days on 17, 18 and 20 October 2011. The Court dismissed the Inspector’s Application. The Inspector commenced appeal proceedings on the basis that s 45 of the BCII Act does not require an intended victim of discriminatory conduct to suffer an adverse impact as a consequence of such conduct.