Australian Building and Construction Commissioner v Hanna and Anor (No.3)

In the Federal Court of Australia, Justice Vasta considered a dispute between the Australian Building and Construction Commissioner and two respondents, Hanna and an unnamed second respondent. The proceedings concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by the respondents.

The primary legal issue before the Court was whether the respondents had contravened specific provisions of the *Fair Work Act 2009* (Cth) relating to unlawful industrial action and coercion. The Commissioner sought declarations and pecuniary penalties against the respondents for their alleged conduct.

Justice Vasta found that the evidence established that the respondents had engaged in conduct that constituted unlawful industrial action and coercion, thereby contravening the *Fair Work Act 2009* (Cth). The Court applied the principles of statutory interpretation to the relevant sections of the Act, considering the definitions of industrial action and coercion, and the circumstances in which such conduct would be unlawful. The Court determined that the respondents' actions, including threats and intimidation, were intended to compel employees to take industrial action and were therefore unlawful.

The Court ordered that the respondents pay pecuniary penalties as sought by the Commissioner.