Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The North Queensland Stadium Case)

The Australian Building and Construction Commissioner brought an application against the Construction, Forestry, Maritime, Mining and Energy Union and its official, Mr Harradine, in the Federal Court of Australia, seeking declarations that they contravened sections 46 and 54 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth). The Commissioner alleged that casual employees engaged in unlawful industrial action by refusing to perform work, and that Mr Harradine and the Union organised that industrial action with intent to coerce, in breach of the Act. The respondents denied the allegations, contending that the employees were not obliged to perform work and that their actions were not unlawful industrial action.

The central issues before the Court were whether the employees engaged in industrial action, as defined in the Act, by refusing to perform work, and whether the Union organised unlawful industrial action with intent to coerce. The Court found that the employees did engage in industrial action by refusing to perform work, despite not being obliged to accept work. The Court held that the refusal to work constituted industrial action because it was a concerted refusal to perform work, which is within the definition of industrial action in the Act.

The Court also found that Mr Harradine and the Union contravened the Act by organising the employees' refusal to work, which was unlawful industrial action. The Court determined that the Union's actions were intended to exert undue pressure and were coercive, thereby contravening the Act.

In conclusion, the Court declared that the employees, Mr Harradine, and the Union contravened sections 46 and 54 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth). The Court left the questions of pecuniary penalties and costs to be heard at a later date.