Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union
Citation: [2017] FCA 197
What happened
On 13 June 2014, Alex Tadic, an organiser employed by the CFMEU with entry permits to conduct safety inspections, accompanied WorkSafe inspector Jason Sharples on a safety walk at a construction site in Castlemaine, Victoria. During the walk, Tadic allegedly refused to limit his questions and comments, made derogatory remarks about the inspector, repeatedly demanded the site be closed, was rude and aggressive, threatened to call the inspector's supervisor, and declared the matter was not over.
What was decided
The court dismissed the application for declarations and penalties. While the court acknowledged Tadic's conduct was forceful and he directed frustration about safety issues at the inspector, it found the evidence from the site manager exaggerated the severity and frequency of misconduct. The court was not satisfied that Tadic intentionally hindered the inspector or otherwise acted improperly in contravention of s 500 of the Fair Work Act.
What it means for employers
Union representatives with entry permits must conduct themselves appropriately during safety inspections. While they can raise safety concerns forcefully, they must not be obstructive or improperly intimidate inspectors performing their duties.
What it means for employees
Workers have the right to have safety inspections conducted without interference. Union representatives can advocate for worker safety but must respect the inspector's authority to conduct their inspection.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2017/2017fca0197Want 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 →