Director of the Fair Work Building Industry Inspectorate v Adams
Citation: [2015] FCA 828
At a glance
- Employees affected
- 74
What happened
Seventy-four building workers employed by Crown Construction Services engaged in industrial action on 28 February 2013 at the New Children's Hospital construction site in Nedlands, Western Australia. The workers failed to attend or remain at work as required. A Fair Work Commission order dated 19 February 2013 had prohibited the Crown employees from engaging in or threatening industrial action at the site. The workers knew of this prohibition.
What was decided
The Court found each of the 74 respondents contravened section 417(1) of the Fair Work Act 2009 (Cth) by engaging in industrial action in breach of the Fair Work Commission order. The proceeding alleging contravention of section 421(1) was dismissed due to failure to satisfy service requirements of the Fair Work Commission stop order. No penalties were determined in this judgment.
What it means for employers
Employers in the construction industry should ensure that Fair Work Commission orders prohibiting industrial action are properly served on workers. Workers who engage in industrial action in breach of such orders may face legal penalties. Employers must comply with procedural requirements for enforcement.
What it means for employees
Workers who engage in industrial action in breach of a Fair Work Commission order prohibiting such action may be found to have contravened the Fair Work Act and face pecuniary penalties. Compliance with court orders is mandatory.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2015/2015fca0828Want 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