Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Case) [2021] FCA 920

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Case) [2021] FCA 920

Danalis contravened s 500 by intentionally obstructing workers and concrete truck drivers and hindering project officers on 27 November 2018. On 28 November 2018, Danalis and Dimitriou contravened s 500 by acting in an improper manner by refusing a site induction and entering unaccompanied. Union is liable under s 793. Danalis contravened s 503 by recklessly giving the impression he was authorised to stop work/site. There was no contravention of s 497 (failure to produce permit) or s 47 (unlawful picket).

Parties
Applicant: Australian Building and Construction Commissioner; First Respondent: Construction, Forestry, Maritime, Mining and Energy Union; Second Respondent: Gerasimos Danalis; Third Respondent: Anthony Dimitriou; Fourth Respondent: Anthony Burke
Jurisdiction
Australia
Judgment Date
10 August 2021
Procedural Posture
Civil / Employment and Industrial Relations / Trial Judgment
Outcome
Partially in favour of Applicant
Legal Topics
Right of Entry, Work Health and Safety, Union Official Conduct, Obstruction and Improper Conduct, Unlawful Picketing, Accessorial Liability
Industrial Law Employment Law Right of Entry Work Health and Safety Union Official Conduct Obstruction and Improper Conduct Unlawful Picketing Accessorial Liability

Case Brief

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Parties

Australian Building and Construction Commissioner

Applicant

Construction, Forestry, Maritime, Mining and Energy Union

First Respondent

Gerasimos Danalis

Second Respondent

Anthony Dimitriou

Third Respondent

Anthony Burke

Fourth Respondent

Procedural Posture

Civil / Employment and Industrial Relations / Trial Judgment

Legal Issues

  1. 1 Did union officials contravene s 497 of the Fair Work Act 2009 (Cth) by failing to produce entry permits?
  2. 2 Did union officials contravene s 500 by intentionally hindering or obstructing or acting in an improper manner?
  3. 3 Did Danalis contravene s 503 by falsely representing authority?

Ratio Decidendi

Danalis contravened s 500 by intentionally obstructing workers and concrete truck drivers and hindering project officers on 27 November 2018. On 28 November 2018, Danalis and Dimitriou contravened s 500 by acting in an improper manner by refusing a site induction and entering unaccompanied. Union is liable under s 793. Danalis contravened s 503 by recklessly giving the impression he was authorised to stop work/site. There was no contravention of s 497 (failure to produce permit) or s 47 (unlawful picket).

Court Disposition

Partially in favour of Applicant

Orders

  • Within 14 days, parties to agree the form of declaratory relief to reflect judgment.
  • Matter listed for further case management at 9.30 am on 6 September 2021.