Australian Building and Construction Commissioner v Parker [2021] FCA 704

Federal Court of Australia

Australian Building and Construction Commissioner v Parker [2021] FCA 704 File number(s): VID 494 of 2020

Judgment of: KERR J

Date of judgment: 28 June 2021

Catchwords: INDUSTRIAL LAW – imposition of civil penalties – quantum of penalties in respect of admitted contraventions of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) – where elected union delegate held safety concerns – where a direction to stop work was given – where concerns held by the delegate about the adequacy of a first aid room were reasonable but there was no imminent risk to health and safety – where the Union to which the delegate belonged derivatively liable – where the Union has committed itself to putting in place measures designed to change the cultural and normative conduct of the contravening behaviours of its officers and employees insofar as work safety issues are concerned PRACTICE AND PROCEDURE – declarations sought by consent – proposed declarations bare of contextual detail – declarations not made

Legislation: Building and Construction Industry (Improving Productivity) Act 2016 (Cth) s 7(2)(c)(i), 46, 81 Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act (Cth) s 21 Occupational Health and Safety Act 2004 (Vic)

Cases cited: Australian Building and Construction Commission v Construction, Forestry, Mining and Energy Union (The Kane Constructions Case) [2017] FCA 168 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (the WGC Cranes Case) [2021] FCA 622 BMW Australia Ltd v Australian Competition and Consumer Commission [2004] FCAFC 167 Pattinson v Australian Building and Construction Commissioner [2020] FCAFC 177 ABCC v CFMEU (The Quest Apartments Case) No 2 [2018] FCA 163