Australian Building and Construction Commissioner v Ingham (The 180 Brisbane Construction Case) [2019] FCA 1052

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Ingham (The 180 Brisbane Construction Case) [2019] FCA 1052 File number: QUD 388 of 2016

Judge: COLLIER J

Date of judgment: 9 July 2019

Catchwords: INDUSTRIAL LAW – alleged contraventions of Fair Work Act 2009 (Cth) ss 417(1) and 500 – whether contractors and subcontractors authorised or agreed to conduct of Union representatives – entry permits and entry notices – whether "open door" policy or requirement for Union representatives to give notice before entering site – where Union representative claimed to have entered site to raise money for injured Union worker and workers took opportunity to raise workplace issues – genuine and reasonable concerns about imminent risks to health and safety INDUSTRIAL LAW – whether Union representatives organised work stoppages – whether stoppages authorised by enterprise agreements – interpretation of "industrial action" – onus of proving the "organising" of industrial action within meaning of Fair Work Act 2009 (Cth) s 19(2) – whether Union representatives exercised or sought to exercise rights under Fair Work Act 2009 (Cth) Pt 3-4 – whether Union representatives "involved in" contraventions of civil remedy provisions – accessorial liability – aiding and abetting contraventions INDUSTRIAL LAW – whether respondent Union liable for contraventions of Union representatives pursuant to Fair Work Act 2009 (Cth) ss 550 and 793 – whether Union representatives intentionally hindered or obstructed or acted improperly – whether Union representatives acted with actual or apparent authority – where individual respondents "clothed with apparent authority"