Australian Building and Construction Commissioner v D'Arcy & Construction, Forestry, Mining and Energy Union

The Australian Building and Construction Commissioner (ABCC) brought proceedings against D'Arcy & Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) alleging contraventions of section 349 of the *Fair Work Act 2009* (Cth). The dispute concerned alleged unlawful entry to a worksite by officials of the CFMEU.

The primary legal issue before Egan J was whether the contraventions of section 349 of the *Fair Work Act 2009* (Cth) had occurred, and if so, what declarations and pecuniary penalties were appropriate, considering any mitigating factors presented by the respondents.

Egan J found that the evidence established blatant contraventions of section 349 of the *Fair Work Act 2009* (Cth) by the CFMEU. His Honour considered the submissions regarding mitigating factors, including the respondents' admissions of contravention and their cooperation with the ABCC, but ultimately determined that these factors did not negate the seriousness of the conduct. The court made declarations of contravention against the CFMEU and imposed pecuniary penalties.