Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1287

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1287 Citation: Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1287

Parties: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, LUKE STEPHENSON, DAVID KIRNER and AARON CARTLEDGE

File number: SAD 219 of 2014

Judge: WHITE J

Date of judgment: 20 November 2015

Catchwords: INDUSTRIAL LAW – allegation that the respondents contravened s 500 of the Fair Work Act 2009 (Cth) on separate dates at the one site – second respondent admitted his contravention and fourth respondent admitted involvement in his contravention – third respondent denied his contravention – whether the third respondent was exercising or seeking to exercise the right under s 484 of the Act to enter the site to hold discussions with one or more employees – whether the third respondent had a "standing invitation" to enter the site – whether the third respondent was invited to attend the site by a subcontractor – whether the third respondent attended the site under a right of entry under the Work Health and Safety Act 2012 (SA) – whether the applicant was required to establish that persons with each of the characteristics to which s 484 refers were present on the site at the time the third respondent was seeking to exercise the right in s 484 – whether the third respondent's conduct was improper – whether CFMEU contravened s 500 by reason of the conduct of the second and third respondents. Held: Contraventions established.