Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (Cross River Rail Appeal) [2024] FCAFC 1

Federal Court of Australia

Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (Cross River Rail Appeal) [2024] FCAFC 1 Appeal from: Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2023] FedCFamC2G 101 Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (No 2) [2023] FedCFamC2G 564

File number(s): QUD 322 of 2023

Judgment of: HALLEY, GOODMAN AND MCELWAINE JJ

Date of judgment: 29 January 2024

Catchwords: INDUSTRIAL LAW – Appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) – whether primary judge erred in finding visitor entry and conduct requirements were occupational health and safety requirements for the purposes of s 499 of the Fair Work Act 2009 (Cth) – whether primary judge erred in finding breach of s 500 of the Act – appeal succeeds in part – penalties to be redetermined

Legislation: Fair Work Act 2009 (Cth) ss 499, 500 Work Health and Safety Act 2011 (Qld) ss 117, 118, 119, 128

Cases cited: Australasian Meat Industry Employees' Union v Fair Work Australia [2012] FCAFC 85; 203 FCR 389 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Monash Freeway Widening Case) [2020] FCA 1727 Curran v Thomas Borthwicks & Sons Ltd (1990) 26 FCR 241 Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2023] FedCFamC2G 101 Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (No 2) [2023] FedCFamC2G 564 Meneling Station Pty Ltd v Australasian Meat Industry Employees' Union (1987) 18 FCR 51