Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The BKH Contractors Appeal)
Citation: [2020] FCAFC 9
At a glance
- Penalty
- $8,000
What happened
The Construction, Forestry, Maritime, Mining and Energy Union pursued industrial action at construction sites operated by BKH Contractors in Rhodes and Wolli Creek, Sydney. The union sought an enterprise agreement with a site allowance. At issue were threats made to contractors, blockades of sites on consecutive days in March 2015, and industrial action taken to force the contractor to sign the proposed agreement.
What was decided
The primary judge found multiple contraventions of adverse action provisions (s.340) and improper conduct provisions (s.500). On appeal, the Full Court upheld most findings but allowed some grounds: a declaration relating to one official's involvement in a text message was set aside because there was insufficient evidence of prior knowledge or agreement, and penalties for some individuals were reduced.
What it means for employers
Contractors have recourse against unions that threaten adverse action or engage in improper conduct to force agreement to enterprise bargaining terms. However, the evidence linking individuals to unlawful conduct must be clear.
What it means for employees
Industrial action pursued to force enterprise agreement terms may violate Fair Work Act protections against adverse action if accompanied by threats or improper conduct.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2020/2020fcafc0009Want 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 →