Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2016] FCA 607

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2016] FCA 607 File number: SAD 248 of 2014

Judge: BESANKO J

Date of judgment: 31 May 2016

Catchwords: INDUSTRIAL LAW – section 343 of Fair Work Act 2009 (Cth) – whether threats made with intent to coerce another person not to exercise a workplace right –– where workplace right was right to initiate or participate in a process or proceeding to enforce a Fair Work Commission order made under subs 418(1) of Fair Work Act 2009 (Cth) – relevance of validity of Fair Work Commission order – consideration of construction of s 418 of Fair Work Act 2009 (Cth)

Legislation: Acts Interpretation Act 1901 (Cth) s 46 Evidence Act 1995 (Cth) s 140 Fair Work Act 2009 (Cth) ss 19, 341, 343, 361, 408, 418, 421, 539, 545, 546, 549, 550, 551, 602, 604, 675 Fair Work (Building Industry) Act 2012 (Cth) ss 4, 15 Work Health and Safety Act 2010 (SA) Workplace Relations Act 1996 (Cth) ss 170NC, 496

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2010] FCA 784; (2010) 187 FCR 293 Australian Securities and Investments Commission v Hellicar (2012) 247 CLR 345 Director of the Fair Work Building Inspectorate v Adams [2015] FCA 828 Director of the Fair Work Building Industry Inspectorate v Cartledge [2015] FCA 453 Esso Australia Pty Ltd v The Australian Workers' Union (2015) 253 IR 304; [2015] FCA 758 Esso Australia Pty Ltd v The Australian Workers' Union [2016] FCAFC 72 Hansen Yuncken Pty Ltd and Others v Gareth Deegan and Others [2013] FWC 7505 Jacobs v OneSteel Manufacturing Pty Ltd and WorkCover Corporation of SA (2006) 93 SASR 56 Jones v Dunkel and Another (1959) 101 CLR 298 Mineralogy Pty Ltd v Sino Iron Pty Ltd (No 6) [2015] FCA 825 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449; (1992) 67 ALJR 170 Ousley v The Queen (1997) 192 CLR 69 Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Others (2001) 109 FCR 378 Transport Workers' Union of New South Wales v Australian Industrial Relations Commission and Others (2008) 166 FCR 108 Victoria v Construction, Forestry, Mining and Energy Union and Another (2013) 218 FCR 172; [2013] FCAFC 160