Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Anor

The Australian Building and Construction Commissioner (ABCC) brought proceedings against the Construction, Forestry, Mining and Energy Union (CFMMEU) and an individual, Mr. Michael Thompson. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by the CFMMEU and Mr. Thompson, specifically relating to unlawful industrial action and coercion. The matter was heard by the High Court of Australia.

The High Court was required to determine whether the actions of Mr. Thompson, in his capacity as a union official, constituted unlawful coercion under section 346 of the *Fair Work Act 2009* (Cth). This involved considering whether his conduct was intended to compel or induce an employer to take adverse action against an employee, and whether such conduct was in furtherance of a contravention of the Act. The Court also had to consider the CFMMEU's alleged liability for Mr. Thompson's actions.

The Court found that Mr. Thompson's conduct, which involved threatening to withdraw labour unless certain demands were met, amounted to coercion. The reasoning focused on the objective nature of the threats and their clear intention to influence the employer's decision-making regarding employment conditions. The Court applied the principles of statutory interpretation to section 346, emphasising that the provision is designed to protect employers from illegitimate pressure by unions. The CFMMEU was held vicariously liable for Mr. Thompson's contraventions due to his role as an officer of the union. The High Court upheld the Full Federal Court's decision, finding that both Mr. Thompson and the CFMMEU had contravened the Act.