Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Footscray Station Case) [2016] FCA 872

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Footscray Station Case) [2016] FCA 872 File number: VID 27 of 2015

Judge: TRACEY J

Date of judgment: 5 August 2016

Catchwords: INDUSTRIAL LAW – application for alleged contraventions of ss 499 and 500 of the Fair Work Act 2009 (Cth) – whether failure to comply with an occupational health and safety requirement – whether "reasonable request" – whether contravention of s 499 constituted "improper conduct" for the purposes of s 500 – whether respondents intentionally hindered or obstructed a person or otherwise acted in an improper manner

Legislation: Corporations Act 2001 (Cth) Fair Work Act 2009 (Cth), ss 480, 494(2), 494(3), 499, 500, 793, Pt 3-4 Fair Work Regulations 2009 (Cth), reg 3.25 Occupational Health and Safety Act 2004 (Vic), ss 90, 90(2), 90(3) Trade Practices Act 1974 (Cth), s 45E Workplace Relations Act 1996 (Cth), s 767 Explanatory Memorandum, Fair Work Bill 2008 (Cth)

Cases cited: Adler v Australian Securities & Investments Commission (2003) 179 FLR 1 – cited Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 – cited Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Competition and Consumer Commission (2007) 162 FCR 466 – cited Darlaston v Parker (2010) 189 FCR 1 – cited Director of Fair Work Building Industry Inspectorate v Bragdon (2015) 147 ALD 373 – cited Director of the Fair Work Building Industry Inspectorate v Cartledge [2015] FCA 453 – cited Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 199 – cited Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1287 – cited R v Byrnes (1995) 183 CLR 501 – cited Setka v Gregor (No 2) (2011) 195 FCR 203 – followed