Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (the Webb Dock case) [2017] FCA 62

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (the Webb Dock case) [2017] FCA 62 File number: VID 164 of 2016

Judge: JESSUP J

Date of judgment: 8 February 2017

Catchwords: INDUSTRIAL LAW – Construction industry – Contractors prevented from securing access to site by blockades organised by union officers – Adverse action taken against contractors because of industrial activity and to coerce them to engage in industrial activity – Agreed facts. INDUSTRIAL LAW – Contraventions of civil remedy provisions – Penalties – Need for deterrence – Significance of record of previous contraventions.

Legislation: Fair Work Act 2009 (Cth) ss 172, 340, 341, 342, 343, 346, 347, 348, 363, 546, 793

Cases cited: Alfred v Construction, Forestry, Mining and Energy Union [2011] FCA 556 Brookfield Multiplex Engineering and Infrastructure Pty Ltd v McDonald [2014] FCA 389 Brookfield Multiplex FSH Contractor Pty Limited v McDonald [2014] FCA 359 Commonwealth v Director, Fair Work Building Industry Inspectorate (2016) 326 ALR 476 Construction, Forestry, Mining and Energy Union v Australian Building and Construction Commissioner [2016] FCAFC 184 Director of the Fair Work Building Industry Inspectorate v Cartledge [2014] FCA 1047 Director of the Fair Work Building Inspectorate v CFMEU [2013] FMCA 160 Director of the Fair Work Building Industry Inspectorate v CFMEU [2013] FCA 515 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCA 846 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining & Energy Union [2014] FCA 126 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 160 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Mitcham Rail Case) [2015] FCA 1173 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2016] FCA 436 Director, Fair Work Building Industry Inspectorate v Cradden [2015] FCA 614 Gregor v Construction Forestry Mining and Energy Union [2011] FCA 808 Hardwick v Australian Manufacturing Workers' Union [2010] FCA 818 Helal v Brookfield Multiplex Limited [2012] FCA 653 White v Construction Forestry Mining and Energy Union [2011] FCA 192 Williams v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2010] FCA 754