Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Bruce Highway Caloundra to Sunshine Upgrade Case) [2020] FCAFC 203
Section 81(3) of the WHS Act confers a 'right to enter' for s 494(2) FW Act, and the union's liability as an accessory under s 550(2) is correctly founded on imputation of its officials' conduct and state of mind via s 793.
- Jurisdiction
- Australia
- Judgment Date
- 24 November 2020
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- ['right of Entry' 'accessorial Liability' 'state or Territory OHS Rights' 'imputation of Conduct and State of Mind' 'fair Work Act Compliance']
Case Brief
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Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 ["Whether s 81(3) of the Work Health and Safety Act 2011 (Qld) confers a 'right to enter premises' within the meaning of s 494(2) of the Fair Work Act 2009 (Cth)" "Whether the union can be 'knowingly concerned in' a contravention within the meaning of s 550(2) of the Fair Work Act 2009 (Cth) solely through statutory attribution of officials' conduct and state of mind"]
Ratio Decidendi
Section 81(3) of the WHS Act confers a 'right to enter' for s 494(2) FW Act, and the union's liability as an accessory under s 550(2) is correctly founded on imputation of its officials' conduct and state of mind via s 793.
Court Disposition
appeal dismissed
Orders
- ['The appeal be dismissed.']
Full Case Text
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