Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (Pacific Highway Upgrade Case) [2023] FCA 202

Federal Court of Australia

Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman (Pacific Highway Upgrade Case) [2023] FCA 202 Appeal from: ABCC v CFMEU (Pacific Highway Upgrade Case) (No 3) [2022] FedCFamC2G 388

File number: NSD 709 of 2022

Judgment of: KATZMANN J

Date of judgment: 13 March 2023

Catchwords: INDUSTRIAL LAW – where trade union and two of its officials were found to have contravened s 500 of the Fair Work Act 2009 (Cth) by intentionally hindering or obstructing building contractors from completing a concrete pour while exercising, or seeking to exercise rights in accordance with Pt 3–4 of the Act, whether primary judge erred by failing to deal with a central submission they advanced that they did not intend to obstruct or hinder, only to ensure that the workplace was safe

Legislation: Fair Work Act 2009 (Cth) ss 500, 502, 793 Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) cll 318, 323(1) of Sch 1 Pt 3 (Div 5) Work Health and Safety Act 2011 (NSW) s 118

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Kiama Aged Care Centre Case) [2021] FCA 920; 309 IR 353 Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 BGC POS Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 74; (2019) 285 IR 43 Bragdon v Director of the Fair Work Building Industry Inspectorate (2016) 242 FCR 46 Chief Executive Officer, Department for Child Protection and Family Support v IGR (2019) 54 WAR 222 Construction, Forestry, Mining and Energy Union v John Holland (2010) 186 FCR 88 Hunter v Transport Accident Commission [2005] VSCA 1; (2005) 43 MVR 130