Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 225

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 225 Citation: Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 225

Parties: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, JOHN SETKA, SHAUN REARDON, DEREK CHRISTOPHER, ELIAS SPERNOVASILIS, BILL OLIVER, RALPH EDWARDS, GARETH STEPHENSON and CRAIG JOHNSTON

File number: VID 774 of 2012

Judge: TRACEY J

Date of judgment: 17 March 2015

Catchwords: INDUSTRIAL LAW – whether respondents contravened ss 346, 348 and 355 of the Fair Work Act 2009 (Cth) – whether blockading at two construction sites taken with intent to coerce persons into complying with industrial demands made by the respondents PRACTICE AND PROCEDURE – application of s 553 of the Fair Work Act 2009 (Cth) – where first respondent the subject of contempt proceedings in Supreme Court of Victoria

Legislation: Evidence Act 1995 (Cth) Fair Work Act 2009 (Cth) Fair Work (Building Industry) Act 2012 (Cth) Fair Work (Registered Organisations) Act 2009 (Cth) Workplace Relations Act 1996 (Cth)

Cases cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 – cited Briginshaw v Briginshaw (1938) 60 CLR 336 – applied Bullock v The Federated Furnishing Trades Society of Australasia (No 1) (1985) 5 FCR 464 – cited Construction, Forestry, Mining and Energy Union v Director of Fair Work Building Industry Inspectorate [2014] FCAFC 101 – applied Construction, Forestry, Mining and Energy Union v Grocon Constructors (Victoria) Pty Ltd [2014] VSCA 261 – cited Crescendo Management Pty Ltd v Westpac Banking Corporation (1988) 19 NSWLR 40 – cited Director of the Fair Work Building Inspectorate v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2013] FCA 82 – cited Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 47 – cited Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 160 – cited Dollar Sweets Pty Ltd v Federated Confectioners Association of Australia [1986] VR 383 – cited Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 770 – cited Fair Work Ombudsman v Maritime Union of Australia [2014] FCA 440 – approved Fair Work Ombudsman v National Jet Systems Pty Ltd (2012) 218 IR 436 – cited General Manager of the Fair Work Commission v Thomson [2013] FCA 380 – considered Grocon Constructors (Victoria) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2014] VSC 134 - considered Grocon Constructors (Victoria) Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] VSC 275; (2013) 234 IR 59 – cited John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2014] FCA 1032 – cited McFadzean v Construction, Forestry, Mining and Energy Union (2007) 20 VR 250 – cited National Tertiary Education Industry Union v Commonwealth (2002) 117 FCR 114 – cited Pearce v R (1998) 194 CLR 610 – applied Qantas Airways Limited v Australian Licensed Aircraft Engineers' Association (2012) 202 FCR 244 – considered Seven Network (Operations) Limited v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (2001) 109 FCR 378 – cited Sid Ross Agency Pty Ltd v Actors and Announcers Equity Association of Australia [1971] 1 NSWLR 760 – cited State of Victoria v Construction, Forestry, Mining and Energy Union (2013) 218 FCR 172 – applied Torquay Hotel Company Ltd v Cousins [1969] 2 Ch 106 – cited Williams v Construction, Forestry, Mining and Energy Union (2009) 179 IR 441 – cited Williams v Hursey (1959) 103 CLR 30 – cited