Director of the Fair Work Building Industry Inspectorate v Cartledge
Citation: [2015] FCA 453
What happened
The Director of the Fair Work Building Industry Inspectorate obtained an interim injunction restraining Jim O'Connor and other CFMEU organisers from attending certain construction sites unless lawfully exercising rights under Part 3-4 of the Fair Work Act. The injunction was issued during proceedings for alleged contraventions of s 500 of the Fair Work Act. O'Connor was alleged to have breached the injunction by attending the Royal Adelaide Hospital construction site on 13 May 2014.
What was decided
Justice Mansfield found that O'Connor had deliberately and voluntarily breached the injunction. The case turned on whether the terms of the injunction were clear and unambiguous and whether O'Connor had knowledge of them. The matter was adjourned for further hearing on penalty. The underlying contraventions were later determined by agreement.
What it means for employers
Court orders regarding access to construction sites must be observed. Deliberate breach can result in contempt findings and additional penalties.
What it means for employees
Union organisers must comply with court injunctions. Unauthorised presence on construction sites in breach of court orders can result in contempt of court proceedings.
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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 →