Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining & Energy Union [2014] FCA 1373

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining & Energy Union [2014] FCA 1373 Citation: Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining & Energy Union [2014] FCA 1373

Parties: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, BILL OLIVER, ELIAS SPERNOVASILIS, SHAUN REARDON, DEREK CHRISTOPHER, BILLY BEATTIE and THEO THEODOROU

File number: VID 321 of 2012

Judge: JESSUP J

Date of judgment: 16 December 2014

Catchwords: INDUSTRIAL LAW – unlawful industrial action – whether conduct of respondents amounted to a ban, restriction or limitation on the performance of building work – whether such building work was being done in accordance with the terms of an industrial instrument – whether the ban, restriction or limitation was in connection with an industrial dispute – whether respondents organised or took action to coerce a building contractor to employ or to engage a person – whether respondents organised or took action to coerce a building contractor to cease allocating its employee representatives to the building site

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 5, 36, 37, 38, 43, 49 Fair Work (Registered Organisations) Act 2009 (Cth)

Cases cited: Cahill v Construction, Forestry, Mining and Energy Union (No 2) (2008) 170 FCR 357 Davids Distribution Pty Ltd v National Union of Workers (1999) 91 FCR 463 Williams v Automotive, Food, Metals, Engineering, Printing Kindred Industries Union (2009) 178 IR 458 Williams v Construction, Forestry, Mining and Energy Union (2009) 179 IR 441