Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director of the Fair Work Building Industry Inspectorate v Bragdon [2015] FCA 668 Citation: Director of the Fair Work Building Industry Inspectorate v Bragdon [2015] FCA 668
Parties: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v CHAD ANTHONY BRAGDON, ANTHONY KONG, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES' AND BUILDERS LABOURERS' FEDERATION (QUEENSLAND BRANCH) UNION OF EMPLOYEES and CONSTRUCTION, FORESTRY, MINING AND ENERGY INDUSTRIAL UNION OF EMPLOYEES QUEENSLAND
File number: NSD 180 of 2014
Judge: FLICK J
Date of judgment: 3 July 2015
Catchwords: INDUSTRIAL LAW – entry on site by union official – invitation – request for production of entry permit – refusal – purported exercise of rights – no lawful authority to order cessation of work – hindering or obstructing – improper conduct – misrepresentation as to identity EVIDENCE – Briginshaw test – credibility of witnesses
Legislation: Evidence Act 1995 (Cth), ss 140(2), 191 Fair Work Act 2009 (Cth), ss 480, 480(a)(ii), 480(c), 481, 482, 494(1), 494(2), 497, 500, 502, 503, 504, 512 Fair Work (Building Industry) Act 2012 (Cth), s 151(1) Occupational Health and Safety Act 2000 (NSW) Work Health and Safety Act 2011 (NSW), ss 85, 117, 118, 118(1) Work Health and Safety Act 2011 (Qld), s 134 Workplace Relations Act 1996 (Cth), ss 285C, 285E, 756, 756(1), 758, 758(1), 767
Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Darlaston v Parker [2010] FCA 771, (2010) 189 FCR 1 Director of Fair Work Building Industry Inspectorate v Cartledge [2015] FCA 453 Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 199 John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (New South Wales Branch) [2009] FCA 645, (2009) 178 FCR 461 Pine v Doyle [2005] FCA 977, (2005) 222 FCR 291 Ramsay v Sunbuild Pty Ltd [2014] FCA 54, (2014) 221 FCR 315
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