Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy (The Red & Blue Case) [2015] FCA 1125

FEDERAL COURT OF AUSTRALIA

Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Red & Blue Case) [2015] FCA 1125 Citation: Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Red & Blue Case) [2015] FCA 1125

Parties: DIRECTOR OF FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and RALPH EDWARDS

File number: VID 310 of 2014

Judge: JESSUP J

Date of judgment: 23 October 2015

Catchwords: INDUSTRIAL LAW – Union officer threatening to organise, or organising, action against scaffolding contractor with intent to coerce contractor to employ a particular person – Adverse action against contractor because contractor did not comply with union request to employ person – Liability of union for acts of officer – Compensation for contractor.

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 43 and s 69 Evidence Act 1995 (Cth) ss 59, 69, 81, 87, and 88 Fair Work Act 2009 (Cth) ss 12, 342, 346, 347, 355, 361, 363, 545, 793, and Pt 3-1 Fair Work (Building Industry) Act 2012 (Cth) Pt 1 of Ch 2 Federal Court of Australia Act 1976 (Cth) s 51A Occupational Health and Safety Act 2004 (Vic) Workplace Relations Act 1996 (Cth) ss 799, 809 and Pt 16

Cases cited: Australian Commonwealth Shipping Board v Federated Seamen's Union of Australasia (1925) 35 CLR 462 Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (2001) 109 FCR 378