Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Quest Apartments Case) [2017] FCA 1398

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Quest Apartments Case) [2017] FCA 1398 File number: VID 406 of 2016

Judge: TRACEY J

Date of judgment: 30 November 2017

Catchwords: INDUSTRIAL LAW – claimed contraventions of ss 346, 348 and 349 of the Fair Work Act 2009 (Cth) by an officer of the CFMEU – contraventions denied – whether the officer engaged in certain conduct in contravention of those provisions – whether the CFMEU is liable for any contraventions pursuant to ss 363 and 793

Legislation: Building Construction Industry (Consequential and Transitional Provisions) Act 2016 (Cth) Sch 2 cl 19 Evidence Act 1995 (Cth) s 140(2)(c) Fair Work Act 2009 (Cth) ss 336(1)(b)(i), 342, 342(2)(a), 346, 346(a), 346(b), 347, 347(a), 347(b), 347(b)(vi), 348, 349, 349(1), 349(1)(a), 349(1)(b), 349(1)(b)(i), 349(1)(b)(ii), 349(2), 360, 361, 363, 793

Cases cited: Australian Building and Construction Commissioner v Hall [2017] FCA 274 Australian Building and Construction Commissioner v Huddy [2017] FCA 739 Australian Building and Construction Commissioner v Parker (2017) 266 IR 340; [2017] FCA 564 Australian Building and Construction Commissioner v Upton (The Gorgon Project Case) [2017] FCA 847 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2015) 230 FCR 298; [2015] FCAFC 25 Construction, Forestry, Mining and Energy Union v De Martin & Gasparini Pty Limited (No 2) [2017] FCA 1046 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (Quest Apartments and Greek Community Centre) [2016] FCA 1262 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Red & Blue Case) (2015) 254 IR 200; [2015] FCA 1125