Australian Building and Construction Commissioner v Hanlon (No 2)

The Australian Building and Construction Commissioner brought proceedings against Mr Hanlon and Mr Parker, alleging contraventions of the *Fair Work Act 2009* (Cth). The dispute concerned the conduct of Mr Hanlon and Mr Parker, who were officials of the Construction, Forestry, Mining and Energy Union, when they entered a construction site managed by Richard Crookes Construction Pty Ltd. The matter was heard by Cameron J in the Federal Court of Australia.

The court was required to determine whether Mr Hanlon and Mr Parker contravened section 500 of the *Fair Work Act 2009* (Cth) by engaging in improper conduct while exercising their right of entry. Specifically, the court had to consider whether their actions, including failing to provide a required entry notice and entry permits, and their subsequent interactions with site management and workers, constituted improper conduct as contemplated by the Act.

Cameron J reasoned that Mr Hanlon and Mr Parker's conduct on the day in question was improper and in contravention of the Act. The court found that their failure to comply with the statutory preconditions for lawful entry, including providing an entry notice at least 24 hours prior and producing their entry permits upon request, was a significant factor. The court noted Mr Parker's aggressive demeanour and disdain for the statutory requirements, and Mr Hanlon's deliberate entry onto the "site proper" and his communication with workers about a meeting, despite being denied permission. The court considered the purpose of civil penalties, which include deterrence, and found that Mr Hanlon's conduct was deliberate and intentional, warranting a penalty that included an element for specific and general deterrence. The court also addressed submissions regarding adverse publicity, finding that some of the alleged statements were supported by evidence, while others were not fully substantiated by the evidence presented.

The court imposed pecuniary penalties on Mr Hanlon and Mr Parker for their contraventions.