Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Werribee Shopping Centre Case)

The case of Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Werribee Shopping Centre Case) involved the Commissioner bringing proceedings against the Construction, Forestry, Mining and Energy Union and an official of the union for alleged contraventions of the Fair Work Act 2009 (Cth). The matter was heard in the Fair Work Commission, which has jurisdiction over disputes concerning unfair work practices under the Act.

The central legal issues the Commission had to address were whether the union and its official had taken adverse actions contrary to section 346 of the Act by preventing employees from performing their work. The Commission also needed to determine if the union and its official had taken actions contrary to section 348 of the Act by preventing the employees from performing their work with the intent to coerce them into engaging in industrial activity, specifically by becoming union members and paying union fees.

In its decision, the Commission found that the union and its official had indeed contravened sections 346 and 348 of the Act. The Commission emphasised the importance of deterrence given the union's significant record of prior contraventions. As a result, the Commission ordered the union and the official to pay pecuniary penalties. The union was ordered to pay $4,000 for two separate contraventions, while the official was ordered to pay $45,000 for two separate contraventions. The penalties were to be paid to the Commonwealth within 28 days.