Lendlease Building Contractors Pty Limited v Australian Building and Construction Commissioner (No 2) [2022] FCA 192

Lendlease Building Contractors Pty Limited v Australian Building and Construction Commissioner (No 2) [2022] FCA 192

Section 13(2)(j) of the Code for the Tendering and Performance of Building Work 2016 (Cth) requires code-covered entities to ensure building association logos, mottos or indicia are not applied to project-supplied clothing, property or equipment, regardless of imputed compulsion. The Compliance Notice properly identified contraventions and required actions. The provision does not impermissibly burden the implied freedom of political communication and is constitutionally valid.

Parties
Applicant: Lendlease Building Contractors Pty Limited; First Respondent: Australian Building and Construction Commissioner; Second Respondent: Australian Building and Construction Inspector Robert Dalton; Intervener: Construction, Forestry, Maritime, Mining and Energy Union
Jurisdiction
Australia
Judgment Date
11 March 2022
Procedural Posture
Application for Judicial Review and Declaratory Relief Regarding Compliance Notice Under Federal Industrial Law / Final Judgment After Trial
Outcome
Application dismissed
Legal Topics
Building and Construction Industry Code Compliance, Implied Freedom of Political Communication, Statutory Construction, Compliance Notice Validity, Freedom of Association in Workplace, Rules of Evidence in Constitutional Litigation
Industrial Law Constitutional Law Evidence Building and Construction Industry Code Compliance Implied Freedom of Political Communication Statutory Construction Compliance Notice Validity Freedom of Association in Workplace +1 more

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Parties

Lendlease Building Contractors Pty Limited

Applicant

Australian Building and Construction Commissioner

First Respondent

Australian Building and Construction Inspector Robert Dalton

Second Respondent

Construction, Forestry, Maritime, Mining and Energy Union

Intervener

Procedural Posture

Application for Judicial Review and Declaratory Relief Regarding Compliance Notice Under Federal Industrial Law / Final Judgment After Trial

Legal Issues

  1. 1 Proper construction of s 13(2)(j) of Building Code
  2. 2 Whether compliance notice validly identified alleged contraventions and required action
  3. 3 Whether Code provision impermissibly burdens implied freedom of political communication under Constitution

Ratio Decidendi

Section 13(2)(j) of the Code for the Tendering and Performance of Building Work 2016 (Cth) requires code-covered entities to ensure building association logos, mottos or indicia are not applied to project-supplied clothing, property or equipment, regardless of imputed compulsion. The Compliance Notice properly identified contraventions and required actions. The provision does not impermissibly burden the implied freedom of political communication and is constitutionally valid.

Court Disposition

Application dismissed

Orders

  • 1. The application be dismissed.
  • 2. Respondents and intervener to confer and submit proposed costs orders within 14 days if agreement is reached.