Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v McDermott (No 2) [2017] FCA 797 File number: SAD 58 of 2015
Judge: CHARLESWORTH J
Date of judgment: 17 July 2017
Catchwords: INDUSTRIAL LAW – conduct of state of mind of union officials attributable to registered organisation – whether registered organisation can be directly liable for a contravention of s 500 of the Fair Work Act 2009 (Cth) – whether a registered organisation can be vicariously liable for a contravention of s 500 of the Fair Work Act 2009 (Cth) – whether registered organisation involved in the contraventions of it officials within the meaning of s 550 of the Fair Work Act 2009 (Cth) – proof of participation and knowledge — registered organisation taken to have contravened s 500 by reason of its knowing involvement – registered organisation not otherwise liable INDUSTRIAL LAW – contraventions of s 500 of the Fair Work Act 2009 (Cth) by union officials – whether officials had implied licence to enter construction site to — whether officials acted in an improper manner by entering site without providing an entry notice as required by s 487 of the Fair Work Act 2009 (Cth)
Legislation: Acts Interpretation Act 1901 (Cth), s 13 Fair Work Act 2009 (Cth), ss 6, 12, 480, 484, 487, 490, 492, 500, 508, 510, 512, 539, 545, 546, 550, 793 Fair Work (Registered Organisations) Act 2009 (Cth), s 27 Trade Practices Act 1974 (Cth), ss 52, 75B, 84 Workplace Relations Act 1996 (Cth), ss 170NC, 349
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