Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Abseal Case) [2017] FCA 11

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Abseal Case) [2017] FCA 11 File number: VID 620 of 2015

Judge: JESSUP J

Date of judgment: 19 January 2017

Catchwords: INDUSTRIAL LAW – where subcontractor employees not inducted to undertake construction work – consideration of evidence explaining refusal for varying reasons including failure to pay union fees and lack of relevant enterprise agreement – allegations of adverse action and discrimination by union toward subcontractor and employees – whether subcontractor and employees engaged in industrial activity – whether subcontractor exercising workplace right – whether induction staff acting on behalf of union – application dismissed.

Legislation: Fair Work Act 2009 (Cth) ss 340, 341, 342, 346, 347, 354, 363, 793 Fair Work (Building Industry) Act 2012 (Cth) s 45

Cases cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (2012) 202 FCR 244

Date of hearing: 19-23 September, 7 October 2016

Registry: Victoria

Division: General Division

National Practice Area: Employment & Industrial Relations

Category: Catchwords

Number of paragraphs: 88

Counsel for the Applicant: Mr R Dalton

Solicitor for the Applicant: Minter Ellison

Counsel for the Respondents: Mr C Dowling with Mr T Borgeest

Solicitor for the Respondents: Mr J Winters of Construction, Forestry, Mining and Energy Union