Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 199 Citation: Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 199
Parties: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, ADAM OLSEN and KANE PEARSON
File number: NTD 28 of 2013
Judge: MANSFIELD J
Date of judgment: 13 March 2015
Catchwords: INDUSTRIAL LAW – whether officials of union engaged in unlawful coercive conduct contrary to s 348 of the Fair Work Act 2009 (Cth) (FW Act) – whether officials of union engaged in improper conduct whilst exercising rights of entry under FW Act contrary to s 500 of the FW Act – findings of fact – allegations of Director established
Legislation: Fair Work (Building Industry) Act 2012 (Cth) Fair Work Act 2009 (Cth) Fair Work (Registered Organisations) Act 2009 (Cth) Work Health and Safety (National Uniform Legislation) Act 2011 (NT) Work Health and Safety (National Uniform Legislation) Regulations 2011 (NT) Evidence Act 1995 (Cth)
Cases cited: Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 Construction, Forestry, Mining and Energy Union v John Holland Pty Ltd (2010) 186 FCR 88 Briginshaw v Briginshaw (1938) 60 CLR 336 Fair Work Ombudsman v Maritime Union of Australia [2014] FCA 440 State of Victoria v Construction, Forestry, Mining and Energy Union (2013) 218 FCR 172 Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (2001) 109 FCR 378 National Tertiary Education Industry Union v Commonwealth of Australia (2002) 117 FCR 114 Klein v Metropolitan Fire and Emergency Services Board (2012) 208 FCR 178 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41 Board of the Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 R v Burns and Hopgood (1995) 183 CLR 501
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate