Australian Building & Construction Commissioner v Abbott (No 4)

The Australian Building & Construction Commissioner (Commissioner) brought proceedings against a number of employees, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), and the Australian Manufacturing Workers' Union (AMWU) for unlawful industrial action. The AMWU and the CFMEU were charged with accessory liability under the Building and Construction Industry Improvement Act 2005 (BCII Act). The Commissioner also alleged that the AMWU had breached a section of the Workplace Relations Act 1996 (WR Act). The court had to decide whether there were contraventions by union officials and whether they breached certain sections of the BCII Act and the WR Act. The court found that the AMWU was not disinclined to attend to the requirements directly imposed on it by the Australian Industrial Relations Commission Order. It was found that the CFMEU and the AMWU had taken unlawful industrial action. The court also found that the AMWU, through the conduct of Johnson, breached a section of the WR Act. The Commissioner's application for leave to adduce rebuttal evidence was rejected. The court found that the Commissioner could not expand his case unless an amendment to that effect was sought and granted. The Commissioner had been permitted to amend his statement of claim but he had not sought an amendment. The court found that it would be unfair to the respondents to allow the Commissioner any latitude in this respect. The court directed the parties to bring in a minute of proposed declarations and orders within 14 days to reflect the conclusions contained in these reasons and failing agreement there will be liberty to the parties to apply. The court also heard the parties on the question of costs.