Australian Building and Construction Commissioner v Hanlon

The Australian Building and Construction Commissioner brought proceedings against Mr Hanlon and another respondent concerning alleged contraventions of section 500 of the *Fair Work Act 2009* (Cth). The dispute centred on the respondents' entry onto a construction site and their conduct while present there, which the Commissioner alleged constituted acting in an improper manner. The matter was heard by Cameron J in the Federal Court of Australia.

The primary legal issue before the court was whether the respondents had contravened section 500 of the *Fair Work Act 2009* by acting in an improper manner. This involved determining the effect of failing to comply with the procedural conditions attached to the right of entry under Part 3-4 of the Act, specifically regarding the provision of notice of entry and the production of an entry permit. The court also considered whether the respondents' interactions with workers on site, including aggressive or intimidatory responses to lawful requests and speaking to workers without authority, amounted to improper conduct.

Cameron J reasoned that the right of entry provisions in the *Fair Work Act 2009* are subject to strict procedural conditions. The failure to provide the required notice of entry and to produce an entry permit upon request meant that the respondents were not lawfully exercising their rights of entry. Consequently, their continued presence on the site and their subsequent conduct, including aggressive responses and speaking to workers without authorisation, were found to constitute acting in an improper manner, thereby contravening section 500 of the Act.

The court declared that both respondents had contravened section 500 of the *Fair Work Act 2009* by acting in an improper manner on the construction site. The matter was subsequently adjourned for further directions.