Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCA 157

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCA 157 File number QUD 389 of 2016

Judge: REEVES J

Date of judgment: 24 February 2017

Catchwords: INDUSTRIAL LAW – intention to coerce – whether respondents contravened ss 343 and 348 of the Fair Work Act 2009 (Cth) – consideration of the elements of such contraventions – whether a series of twice-daily, two hour union meetings that were held and conducted on construction site constituted unlawful, illegitimate or unconscionable conduct – consideration of the effect of s 361 Fair Work Act 2009 (Cth) on onus when the respondents called no evidence – consideration of tort of intentionally procuring a breach of contract – whether the two hour union meetings constituted unlawful conduct – whether disproportionality between legitimate interests claimed by the respondents and the effect of their actions in pursuit thereof TORTS – intentionally procuring a breach of contract tort – where a series of twice-daily, two hour union meetings resulted in workers being diverted from work on construction site and complete cessation of work – whether union meetings were held and conducted to intentionally procure a breach of contract between the subcontractors and the managing contractor

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Building and Construction Industry (Consequential and Transitional Provisions) Act 2016 (Cth) Building and Construction Industry (Fair and Lawful Building Sites) Code 2014 Building and Construction Industry (Improving Productivity) Bill 2013 Building and Construction Industry Improvement Act 2005 (Cth) Evidence Act 1995 (Cth) Fair Work (Building Industry) Act 2012 (Cth) Fair Work (Registered Organisations) Act 2009 (Cth) Fair Work Act 2009 (Cth) Workplace Relations Act 1996 (Cth)