Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] FCA 42

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] FCA 42

The union and named officers contravened provisions of the Fair Work Act by threatening, organising, and engaging in conduct intended to force contractors into agreements containing site allowances, by improperly exercising OHS rights without permits, and by hindering work, for which individual liability and accessorial liability of the union was established through the relevant sections of the Act. The existence of a 'workplace right' was not defeated by absence or defect in Notices of Employee Representational Rights.

Jurisdiction
Australia
Judgment Date
07 February 2018
Procedural Posture
Civil / Liability Judgment
Outcome
Liability established against relevant respondents for contraventions of the Fair Work Act 2009 (Cth); parties to bring in Short Minutes of Orders within 14 days.
Legal Topics
['adverse Action' 'coercion' 'right of Entry' 'ohs Rights' 'enterprise Agreements' 'accessorial Liability' 'union Conduct']
['industrial Law' 'employment Law'] ['adverse Action' 'coercion' 'right of Entry' 'ohs Rights' 'enterprise Agreements' 'accessorial Liability' 'union Conduct']

Case Brief

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Procedural Posture

Civil / Liability Judgment

Legal Issues

  1. 1 ['Whether union officials contravened provisions of the Fair Work Act 2009 (Cth) regarding adverse action, coercion, and right of entry.' 'Whether individual respondents and the union were liable for hindering or obstructing work and accessorial liability.' "Whether defects or absences in Notices of Employee Representational Rights preclude a 'workplace right' to initiate bargaining for an enterprise agreement."]

Ratio Decidendi

The union and named officers contravened provisions of the Fair Work Act by threatening, organising, and engaging in conduct intended to force contractors into agreements containing site allowances, by improperly exercising OHS rights without permits, and by hindering work, for which individual liability and accessorial liability of the union was established through the relevant sections of the Act. The existence of a 'workplace right' was not defeated by absence or defect in Notices of Employee Representational Rights.

Court Disposition

Liability established against relevant respondents for contraventions of the Fair Work Act 2009 (Cth); parties to bring in Short Minutes of Orders within 14 days.

Orders

  • ['The parties are to bring in Short Minutes of Orders to give effect to these reasons within 14 days.']