Construction, Forestry, Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate (as successor to the Australian Building and Construction Commissioner) [2012] FCAFC 178

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate (as successor to the Australian Building and Construction Commissioner) [2012] FCAFC 178 Citation: Construction, Forestry, Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate (as successor to the Australian Building and Construction Commissioner) [2012] FCAFC 178

Appeal from: Australian Building and Construction Commissioner v Abbott (No 4) [2011] FCA 950

Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and BRADLEY UPTON v DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE (AS SUCCESSOR TO THE AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER)

File number: WAD 432 of 2011

Judges: NORTH, LOGAN AND ROBERTSON JJ

Date of judgment: 6 December 2012

Catchwords: INDUSTRIAL LAW – unlawful industrial action – accessorial liability – requisite intention – whether error in primary judge's conclusions – whether requisite intention implicit in primary judge's reasons APPEAL AND NEW TRIAL – notice of contention – whether notice of contention ought to have been filed – whether findings implicit in primary judge's reasons – pleadings – whether case pleaded or articulated before the hearing – whether matters should have been put to party at trial

Legislation: Building And Construction Industry Improvement Act 2005 (Cth) ss 4, 37, 38, 48, 69 Workplace Relations Act 1996 (Cth) ss 494, 717, 719, 826 Federal Court Rules 2011 r 36.24