Australian Building and Construction Commissioner v Moses

The Australian Building and Construction Commissioner (ABCC) brought proceedings against Mr. Moses, a union official, alleging contraventions of the *Building and Construction Industry Improvement Act 2005* (Cth) (BCII Act). The dispute concerned allegations that Mr. Moses had engaged in unlawful industrial action by organising and participating in a work stoppage at a construction site. The proceedings were heard in the Federal Court of Australia.

The primary legal issue before the Court was whether Mr. Moses’ conduct constituted a contravention of the provisions of the BCII Act prohibiting unlawful industrial action. Specifically, the Court had to determine if the actions taken by Mr. Moses, including directing and encouraging employees to cease work, amounted to organising or participating in a strike or other form of industrial action that was not permitted under the Act.

Judge Jarrett found that Mr. Moses had indeed contravened the BCII Act. The Court reasoned that the evidence established that Mr. Moses had actively encouraged and directed employees to stop work in circumstances where such industrial action was not authorised or protected by the Act. The Court applied the principles of statutory interpretation to the relevant provisions of the BCII Act, concluding that the actions undertaken by Mr. Moses fell squarely within the definition of unlawful industrial action. The Court considered the intent and effect of Mr. Moses’ conduct in relation to the statutory prohibitions.

The Court ordered that Mr. Moses pay pecuniary penalties for the contraventions found.