Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union and Ors (No.6)

In the Federal Court of Australia, 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 that the CFMMEU and its officials had engaged in unlawful industrial action, specifically by organising and participating in a series of stoppages and bans at various construction sites across New South Wales. The ABCC contended that these actions contravened provisions of the *Fair Work Act 2009* (Cth).

The primary legal issues before the Court were whether the CFMMEU and its officials had contravened section 346 of the *Fair Work Act 2009* (Cth) by organising or engaging in industrial action that was not protected industrial action, and whether they had contravened section 500 of the Act by threatening to take industrial action. The Court was required to determine if the stoppages and bans constituted unlawful coercion or threats, and if the CFMMEU was liable for the conduct of its officials.

Judge Manousaridis found that the CFMMEU and its officials had indeed contravened sections 346 and 500 of the *Fair Work Act 2009* (Cth). The Court reasoned that the evidence demonstrated a pattern of conduct by the union and its officials aimed at compelling employers to agree to demands through unlawful industrial action and threats. The Court applied the principles of statutory interpretation to the relevant provisions of the Act, finding that the actions taken by the respondents fell outside the scope of protected industrial action and constituted unlawful coercion. The Court also found the CFMMEU vicariously liable for the actions of its officials.

The Court ordered that the CFMMEU and the named officials pay pecuniary penalties for their contraventions of the *Fair Work Act 2009* (Cth). Specific penalty amounts were to be determined at a later hearing.