Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCA 197 File number(s): VID 955 of 2015
Judge(s): NORTH J
Date of judgment: 8 March 2017
Catchwords: INDUSTRIAL LAW – s 500 Fair Work Act – rights and responsibilities of permit holder – permit holder accompanying WorkSafe inspector on safety walk – whether permit holder intentionally hindered inspector – whether permit holder otherwise acted in an improper manner
Legislation: Fair Work Act 2009 (Cth) ss 500, 512 Fair Work (Building Industry) Act 2012 (Cth) s 45(1)(e) Occupational Health and Safety Act 2004 (Vic) ss 83, 89, 95(1), 99, 111
Cases cited: Darlaston v Parker (2010) 189 FCR 1 Director of the Fair Work Building Industry Inspectorate v Bragdon [2015] FCA 668 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1293 Director, Fair Work Building Industry Inspectorate v Myles and Ors [2014] FCCA 1429 Director of the Fair Work Building Industry Inspectorate v Upton [2015] FCA 672 Plunkett v Kroemer [1934] SASR 124 Setka v Gregor (No 2) [2011] FCAFC 90
Date of hearing: 7 – 9 September 2016, 7 November 2016
Registry: Victoria
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 299
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