Australian Building and Construction Commissioner v Construction Forestry, Maritime, Mining and Energy Union (The Brooker Highway Case) [2018] FCA 1081

Australian Building and Construction Commissioner v Construction Forestry, Maritime, Mining and Energy Union (The Brooker Highway Case) [2018] FCA 1081

Mr Hassett, as a permit holder, contravened s 500 of the Fair Work Act by acting in an improper manner during entry to the workplace; the CFMMEU is liable for this contravention under s 550. The Commissioner failed to plead and establish all necessary elements for the alleged contraventions against Mr Harkins under s 494(1), thus those claims are dismissed.

Jurisdiction
Australia
Judgment Date
20 July 2018
Procedural Posture
Civil / Post Liability Judgment; Orders for Further Submissions on Relief/penalties Pending
Outcome
Claim against Mr Hassett and CFMMEU upheld; claim against Mr Harkins dismissed for inadequate pleadings.
Legal Topics
['right of Entry' 'union Liability' 'workplace Conduct' 'statutory Interpretation' 'civil Penalties']
['employment and Industrial Relations' 'industrial Law'] ['right of Entry' 'union Liability' 'workplace Conduct' 'statutory Interpretation' 'civil Penalties']

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Procedural Posture

Civil / Post Liability Judgment; Orders for Further Submissions on Relief/penalties Pending

Legal Issues

  1. 1 ['Did Mr Harkins contravene s 494(1) of the Fair Work Act 2009 (Cth) by exercising State OHS rights without a Federal permit?' 'Did Mr Hassett, as a permit holder, contravene s 500 of the Fair Work Act 2009 (Cth) by acting in an improper manner while exercising rights in accordance with Part 3-4?' 'Is the CFMMEU liable for contraventions by its officials under s 550 and 793 of the Fair Work Act 2009 (Cth)?' "Statutory interpretation of 'any other right' in s 486 of the Fair Work Act 2009 (Cth)"]

Ratio Decidendi

Mr Hassett, as a permit holder, contravened s 500 of the Fair Work Act by acting in an improper manner during entry to the workplace; the CFMMEU is liable for this contravention under s 550. The Commissioner failed to plead and establish all necessary elements for the alleged contraventions against Mr Harkins under s 494(1), thus those claims are dismissed.

Court Disposition

Claim against Mr Hassett and CFMMEU upheld; claim against Mr Harkins dismissed for inadequate pleadings.

Orders

  • ['Further hearing of application listed for 13 August 2018.' 'Applicant to file affidavits and outline of submissions by 31 July 2018.' 'Respondents to file affidavits and submissions in response by 9 August 2018.']