Construction, Forestry, Mining and Energy Union v McCorkell Constructions Pty Ltd (No 2) [2013] FCA 446

Construction, Forestry, Mining and Energy Union v McCorkell Constructions Pty Ltd (No 2) [2013] FCA 446

McCorkell breached s 340(1)(a)(i) of the Fair Work Act 2009 (Cth) by refusing to engage Eco Recyclers for demolition work because its employees were entitled to the benefit of the Eco Agreement; State of Victoria contravened s 343(1) by taking action with intent to coerce Eco and its employees to vary their enterprise agreement, conduct found to be illegitimate due to interference with free bargaining under Fair Work Act; State not liable as accessory due to lack of knowledge of McCorkell's prohibited reason.

Jurisdiction
Australia
Judgment Date
17 May 2013
Procedural Posture
Civil / Trial Judgment
Outcome
Declarations granted for contraventions; penalty orders deferred for further hearing.
Legal Topics
['adverse Action' 'workplace Rights' 'coercion' 'enterprise Agreements' 'statutory Construction' 'accessory Liability']
['industrial Law' 'employment Law' 'administrative Law'] ['adverse Action' 'workplace Rights' 'coercion' 'enterprise Agreements' 'statutory Construction' 'accessory Liability']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 ['Whether McCorkell Constructions Pty Ltd contravened s 340(1)(a)(i) of the Fair Work Act 2009 (Cth) by taking adverse action against employees of Eco Recyclers Pty Ltd due to their entitlement to a workplace instrument' 'Whether State of Victoria contravened s 343(1)(a) of the Fair Work Act 2009 (Cth) by taking action with intent to coerce Eco and its employees to vary their enterprise agreement' "Meaning of 'independent contractor' and 'proposing to enter into a contract for services' under Fair Work Act" 'Whether refusal to engage a contractor amounts to adverse action' "Whether the State was an accessory to McCorkell's contravention of s 340(1)(a)(i)"]

Ratio Decidendi

McCorkell breached s 340(1)(a)(i) of the Fair Work Act 2009 (Cth) by refusing to engage Eco Recyclers for demolition work because its employees were entitled to the benefit of the Eco Agreement; State of Victoria contravened s 343(1) by taking action with intent to coerce Eco and its employees to vary their enterprise agreement, conduct found to be illegitimate due to interference with free bargaining under Fair Work Act; State not liable as accessory due to lack of knowledge of McCorkell's prohibited reason.

Court Disposition

Declarations granted for contraventions; penalty orders deferred for further hearing.

Orders

  • ['Declaration that McCorkell Constructions Pty Ltd contravened s 340(1)(a)(i) of the Fair Work Act 2009 (Cth) by refusing to engage Eco Recyclers because employees were entitled to the Eco Agreement.' 'Declaration that the State of Victoria contravened s 343(1)(a) of the Fair Work Act 2009 (Cth) by taking action...