Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The U-Vet School Case) [2022] FCA 1068

Federal Court of Australia

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The U-Vet School Case) [2022] FCA 1068 File number(s): VID 300 of 2019

Judgment of: O'CALLAGHAN J

Date of judgment: 12 September 2022

Catchwords: INDUSTRIAL LAW – applicant seeks declarations of contraventions of s 46 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) and imposition of pecuniary penalties – where conduct of individual respondents taken to be conduct of union pursuant to ss 94 and 95 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) – where respondents admitted applicant's pleaded factual case – whether union engaged in single course of conduct – declarations made – penalties imposed

Legislation: Building and Construction Industry (Improving Productivity) Act 2016 (Cth) ss 5, 7, 45, 45(b), 45(c), 46, 81, 81(1), 81(1)(a), 81(2), 81(5), 81(6), 81(6)(a), 81(6)(b), 81(6)(c), 81(6)(d), 92, 92(1)(d), 92(2), 94, 94(1)(a), 94(2), 94(3), 95, 95(1)(b), 95(1)(d), 95(3)

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 249 FCR 458 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union [2021] HCATrans 115 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 3) (Royal Adelaide Hospital Case) [2017] FCA 10 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The NewCold Picket Case) [2019] FCA 2038 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (WGC Cranes Case) [2021] FCA 622; (2021) 307 IR 411 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; (2022) 399 ALR 599 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Bay Street Appeal) (2020) 282 FCR 1 Director of the Fair Work Building Industry Inspectorate v Robinson (2016) 241 FCR 338 Trade Practices Commission v CSR Ltd [1990] FCA 521; (1991) ATPR ¶41-076