Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union and Ors (No.3)

The Australian Building and Construction Commissioner (ABCC) brought proceedings against the Construction, Forestry, Mining and Energy Union (CFMMEU) and several of its officials. The dispute concerned allegations of unlawful industrial action and coercion in contravention of the *Building and Construction Industry Improvement Act 2005* (Cth) (BCII Act). The proceedings were heard in the Federal Court of Australia before Judge Manousaridis.

The primary legal issue before the Court was whether the actions of the CFMMEU and its officials constituted unlawful coercion and/or unlawful industrial action as defined by the BCII Act. Specifically, the Court had to determine if the respondents had engaged in conduct that threatened, intimidated, or coerced persons engaged in building and construction work, or if they had organised or instigated industrial action that was not permitted under the Act.

Judge Manousaridis found that the CFMMEU and its officials had engaged in conduct that contravened the BCII Act. The Court reasoned that the evidence demonstrated a pattern of behaviour by the union and its representatives that involved threats and intimidation directed at contractors and employees to compel them to take certain actions or refrain from taking others. This conduct was found to be in direct breach of the prohibitions against coercion and unlawful industrial action contained within the Act. The Court applied the principles of statutory interpretation to the relevant provisions of the BCII Act, concluding that the conduct of the respondents fell squarely within the scope of the prohibited actions.

The Court ordered that the CFMMEU and its officials pay pecuniary penalties for their contraventions of the BCII Act.