Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Quest Apartments Case) [2017] FCA 1398

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Quest Apartments Case) [2017] FCA 1398

Mr Farrugia contravened s 349(1)(a) of the Fair Work Act by knowingly making false representations to workers that payment of union dues was required as a precondition for site work, and further contravened ss 348 and 346(b) by threatening and taking adverse action (sending Mr Matic off-site) intended to coerce payment of union fees. As this conduct breached the Act, the CFMEU was derivatively liable under ss 363 and 793.

Jurisdiction
Australia
Judgment Date
30 November 2017
Procedural Posture
Civil / Post Liability Judgment, Pre Penalty Hearing
Outcome
Findings of contraventions of ss 346(b), 348, and 349(1)(a) against Mr Farrugia and derivative liability against CFMEU; orders made for penalty and relief submissions to be filed; further hearing listed.
Legal Topics
['fair Work Act 2009 (cth) Contraventions' 'adverse Action' 'coercion' 'trade Union Membership' 'civil Remedy Provisions' 'freedom of Association']
['industrial Law' 'employment Law'] ['fair Work Act 2009 (cth) Contraventions' 'adverse Action' 'coercion' 'trade Union Membership' 'civil Remedy Provisions' 'freedom of Association']

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Procedural Posture

Civil / Post Liability Judgment, Pre Penalty Hearing

Legal Issues

  1. 1 ['Whether Mr Farrugia contravened ss 346, 348 and 349 of the Fair Work Act 2009 (Cth) by making false statements, coercing, or taking adverse action relating to trade union membership and dues on a building site.' 'Whether the CFMEU is derivatively liable under ss 363 and 793 for Mr Farrugia’s conduct.']

Ratio Decidendi

Mr Farrugia contravened s 349(1)(a) of the Fair Work Act by knowingly making false representations to workers that payment of union dues was required as a precondition for site work, and further contravened ss 348 and 346(b) by threatening and taking adverse action (sending Mr Matic off-site) intended to coerce payment of union fees. As this conduct breached the Act, the CFMEU was derivatively liable under ss 363 and 793.

Court Disposition

Findings of contraventions of ss 346(b), 348, and 349(1)(a) against Mr Farrugia and derivative liability against CFMEU; orders made for penalty and relief submissions to be filed; further hearing listed.

Orders

  • ['The further hearing of the application be listed at 10:15 am on 5 February 2018.' 'On or before 11 December 2017 the applicant file and serve any affidavits and outline of written submissions relating to penalties and any other relief sought.' 'On or before 22 December 2017 the respondents file and serve any...