Australian Building and Construction Commissioner v Construction Forestry, Maritime, Mining and Energy Union (The Brooker Highway Case) [2018] FCA 1081

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Brooker Highway Case) [2018] FCA 1081 File number: TAD 47 of 2017

Judge: TRACEY J

Date of judgment: 20 July 2018

Catchwords: INDUSTRIAL LAW – where the Australian Building and Construction Commissioner alleged contraventions, by two officers of the Construction, Forestry, Maritime, Mining and Energy Union, of ss 494(1) and 500, respectively, of the Fair Work Act 2009 (Cth) ("the FW Act") – where both officers held entry permits under the Work Health and Safety Act 2012 (Tas) – where only the second officer held a permit under the FW Act – whether the union is liable for any contraventions under s 550 and 793 of the FW Act STATUTORY INTERPRETATION – meaning of "any other right" in s 486 of the FW Act

Legislation: Building and Construction Industry (Improving Productivity) Act 2016 (Cth) ss 5, 6, 22, 66(3), 111 Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) s 140 Fair Work (Registered Organisations) Act 2009 (Cth) ss 26, 27 Fair Work Act 2009 (Cth) ss 12, 478, 486, 487, 489, 494, 494(1), 494(2), 494(3), 500, 503, 512, 539, 550 Fair Work Regulations 2009 (Cth) reg 3.25 item 5 Occupational Health and Safety Act 2004 (Vic) ss 58(1)(f), 70 Work Health and Safety Act 2012 (Tas) Pt 7, ss 116, 117, 117(1), 117(2), 118, 119, 121, 122, 124, 124(a), 125, 126, 127

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] FCA 42 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Laverton North and Cheltenham Premises Case) [2018] FCAFC 88 Australian Building and Construction Commissioner v Hall [2018] FCAFC 83 Building and Construction Commissioner v McDermott (No 2) [2017] FCA 797 Director of the Fair Work Building Industry Inspectorate v McDermott [2016] FCA 1147 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Bendigo Theatre Case) [2018] FCA 122 John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (New South Wales Branch) (2009) 178 FCR 461; [2009] FCA 645 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1287 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1293 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Parliament Square Case) [2018] FCA 1080 Australian Building and Construction Commissioner v Huddy (No 2) [2017] FCA 1088 Australian Building and Construction Commissioner v Powell (2017) 251 FCR 470; [2017] FCAFC 89 Bragdon v Director of the Fair Work Building Industry Inspectorate (2016) 242 FCR 46; [2016] FCAFC 64 Construction, Forestry, Mining and Energy Union v Australian Building and Construction Commissioner (2017) 251 FCR 528; [2017] FCAFC 77