Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union
Citation: [2015] FCA 1293
What happened
The Director of the Fair Work Building Industry Inspectorate brought proceedings against the Construction, Forestry, Mining and Energy Union and several individual union officials. The allegations related to union officials' conduct at Lend Lease building sites in Adelaide in October and November 2013. The officials allegedly entered building sites without proper entry notices or exemption certificates, and in some cases acted improperly, hindered or obstructed persons, attempted to coerce a contractor to fly the CFMEU flag on a crane hook, and failed to comply with occupational health and safety requests.
What was decided
The court found contraventions of section 500 (improper conduct during entry), section 348 (coercion regarding flag flying), and section 499 (failure to comply with OHS requirement) by multiple individual respondents and the CFMEU. Contraventions of section 346 were not established. The court found the individual respondents acted within the scope of their authority as CFMEU officers, making the CFMEU liable under section 793. Penalties were deferred for a separate hearing.
What it means for employers
Building contractors must ensure they understand union officials' entry rights and obligations. Union officials must comply with entry notice requirements, hold valid permits, and refrain from improper conduct. Lack of a valid entry permit is a serious breach of the regulatory framework.
What it means for employees
Union officials have defined rights to enter workplaces to investigate contraventions, but these rights are limited. Officials must follow procedural requirements, provide notice, and not act improperly. Breaches can result in penalties against both the official and the union.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2015/2015fca1293Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →