Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (No 2) [2023] FCA 1302

FEDERAL COURT OF AUSTRALIA

Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (No 2) [2023] FCA 1302 File number: QUD 235 of 2020

Judgment of: RANGIAH J

Date of judgment: 30 October 2023

Catchwords: INDUSTRIAL LAW – s 46 of the Building and Construction Industry (Improving Productivity) Act 2016 – whether respondents organised unlawful industrial action – whether directions to cease work under s 85 Work Health and Safety Act 2011 (Qld) were validly made –– whether employees are required to comply with invalid directions – whether directions to cease work were validly made under cl 9.9 of the Enterprise Agreements – where no consultation with employers – whether stoppages of work were excluded industrial action – where stoppages were industrial action INDUSTRIAL LAW – s 52 of the Building and Construction Industry (Improving Productivity) Act 2016 – whether respondents intended to coerce another person to not allocate duties or responsibilities to a building employee – where threat of not returning to work was unlawful or illegitimate INDUSTRIAL LAW – whether Union liable for contraventions of respondents – Union liable ADMINISTRATIVE LAW – whether challenge to validity of directives is an impermissible collateral challenge – whether direction under s 85 of Work Health and Safety Act 2011 (Qld) is administrative – where health and safety representative holds a statutory office – where applicant has no standing to challenge direction under Judicial Review Act 1991 (Qld) – collateral challenge permitted