Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1293

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1293 Citation: Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1293

Parties: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION AND OTHERS NAMED IN THE SCHEDULE

File number: SAD 300 of 2014

Judge: WHITE J

Date of judgment: 20 November 2015

Catchwords: INDUSTRIAL LAW – allegation that several respondents contravened s 500 of the Fair Work Act 2009 (Cth) at various building sites – whether respondents held an entry permit under s 512 of the Act – whether respondents were exercising or seeking to exercise rights under Pt 3-4 of the Act – whether respondents acted in an improper manner – whether entry onto the worksite was authorised – whether CFMEU contravened s 500 by reason of the conduct of the individual respondents – contraventions established. INDUSTRIAL LAW – allegation that three respondents contravened s 348 of the Fair Work Act 2009 (Cth) – whether respondents threatened to take action against a contractor with the intention of coercing the contractor to fly the CFMEU flag on the crane hook – whether one respondent liable as an accessory – contraventions established – accessorial liability established – whether CFMEU contravened s 348 by reason of the conduct of the individual respondents. INDUSTRIAL LAW – allegation three respondents contravened s 346 of the Fair Work Act 2009 (Cth) – whether head contractor proposed not to engage in industrial activity within the meaning of paragraphs 347(c) to (g) of the Act – contraventions not established. INDUSTRIAL LAW – allegation one respondent contravened s 499 of the Fair Work Act 2009 (Cth) by failing to comply with an occupational health and safety requirement – whether there was a "reasonable request" by the occupier – whether CFMEU contravened s 499 by reason of the conduct of this respondent – contraventions established.