Director of the Fair Work Building Industry Inspectorate v McDermott [2016] FCA 1147

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v McDermott [2016] FCA 1147 File number(s): SAD 58 of 2015

Judge(s): CHARLESWORTH J

Date of judgment: 21 September 2016

Catchwords: INDUSTRIAL LAW – contraventions of s 500 of the Fair Work Act 2009 (Cth) – permit holder exercising or seeking to exercise rights of entry under s 484 – permit holder acting in an improper manner - principles for determining liability PRACTICE AND PROCEDURE – allegations applicant failed to comply with model litigant obligations – allegations unfounded – applicable principles

Legislation: Evidence Act 1995 (Cth), s 140 Fair Work (Registered Organisations) Act 2009 (Cth), s 27 Fair Work Act 2009 (Cth), ss 12, 484, 486, 487, 492, 500, 501, 512, 539, 550, 551, 793, Pt 3.4 Workplace Relations Act 1996 (Cth), ss 760, 767 Fair Work (Building Industry) Act 2012 (Cth), ss 4, 15, 59A, 59C Federal Court Rules 2011 (Cth), r 16.07

Cases cited: Australian Securities and Investments Commission v Hellicar (2012) 247 CLR 345 Bragdon v Director of the Fair Work Building Industry Inspectorate [2016] FCAFC 64 Brandon v Commonwealth of Australia [2005] FCA 109 Briginshaw v Briginshaw (1938) 60 CLR 336 Carpenter v Carpenter Grazing Co Pty Ltd (1987) 5 ACLC 506 Cassell v The Queen (2000) 201 CLR 189 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Competition and Consumer Commission (2007) 162 FCR 466 Construction, Forestry, Mining and Energy Union v John Holland Pty Ltd (2010) 186 FCR 88 Darlaston v Parker (2010) 189 FCR 1 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1287 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1293 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 199 Director of the Fair Work Building Industry Inspectorate v Robinson [2016] FCA 525 John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (2011) 195 FCR 280 Kenny v State of South Australia (1987) 46 SASR 268 Melbourne Steamship Company Limited v Moorhead (1912) 15 CLR 333 Minister for Natural Resources v Aboriginal Land Council (NSW) (1987) 9 NSWLR 154 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449, [1992] HCA 66 R v Brewer (1942) 66 CLR 535 Scott v Handley (1999) 58 ALD 373, [1999] FCA 404 Yong v Minister for Immigration and Multicultural Affairs (1997) 75 FCR 155