Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The North Queensland Stadium Case) [2020] FCA 947

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The North Queensland Stadium Case) [2020] FCA 947 File number: QUD 228 of 2019

Judge: RANGIAH J

Date of judgment: 10 July 2020

Catchwords: INDUSTRIAL RELATIONS – application for declarations of contraventions of ss 46 and 54 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCI Act) – whether casual employees cannot engage in industrial action – whether casual employees were obliged to accept or perform work – whether employees placed a ban on the performance or acceptance of building work – whether employees failed or refused to accept or perform building work – whether employees engaged in unlawful industrial action in breach of s 46 of the BCI Act – whether Union organised unlawful industrial action with intent to coerce in breach of s 54 of the BCI Act – declarations made

Legislation: Acts Interpretation Act 1901 (Cth) s 23 Building and Construction Industry (Improving Productivity) Act 2016 (Cth) ss 5, 6, 7, 8, 45, 46, 54 and 81 Evidence Act 1995 (Cth) s 140 Fair Work Act 2009 (Cth) ss 13, 19, 45, 50, 55, 61, 86, 95, 102, 114,123, 133, 172, 408, 409, 410, 411 and 417 Workplace Relations Act 1996 (Cth) s 4

Cases cited: Adams v Director of the Fair Work Building Industry Inspectorate (2017) 258 FCR 257 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Nine Brisbane Sites Appeal) (2019) 269 FCR 262 Australian Building and Construction Commissioner v Parker (2017) 266 IR 340 Brodie v Singleton Shire Council (2001) 206 CLR 512 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Commissioner of Stamp Duties v Permanent Trustee Co Ltd (1987) 9 NSWLR 719 Communications, Electrical, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Laing (1998) 89 FCR 17 Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (1998) 89 FCR 200 Damevski v Giudice (2003) 133 FCR 438 Doyle v Sydney Steel Co Ltd (1936) 56 CLR 545 Empirnall Holdings v Machon Paull Partners Pty Ltd (1988) 14 NSWLR 523 Fair Work Ombudsman v National Jet Systems Pty Ltd (2012) 218 IR 436 Finance Sector Union of Australia v Commonwealth Bank of Australia (2000) 106 FCR 16 Hoh v Ying Mui Pty Ltd [2019] VSCA 203 John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (New South Wales Branch) (2009) 178 FCR 461 P'Auer AG v Polybuild Technologies International Pty Ltd [2015] VSCA 42 Reed v Blue Line Cruises Limited (1996) 73 IR 420 Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (2001) 109 FCR 378 Shop, Distributive & Allied Employees' Association v Harris Scarfe Australia Pty Ltd [2014] FCA 283 Victoria v Construction, Forestry, Mining and Energy Union (2013) 218 FCR 172 Williams v Construction, Forestry, Mining and Energy Union (2009) 179 IR 441 WorkPac Pty Ltd v Rossato [2020] FCAFC 84 WorkPac Pty Ltd v Skene (2018) 264 FCR 536