Construction, Forestry, Maritime, Mining and Energy Union and Ors v Hanssen Pty Ltd and Ors (No.2)

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and its officials brought proceedings against Hanssen Pty Ltd and its related entities, alleging breaches of the Fair Work Act 2009 (Cth) and the Building and Construction Industry (Improving Productivity) Act 2013 (Cth). The dispute concerned alleged contraventions of the latter Act, specifically relating to the union's conduct at a construction site. The proceedings were heard in the Federal Court of Australia.

The primary legal issue before the Court was whether the actions of the CFMMEU and its officials constituted unlawful entry onto the Hanssen construction site, thereby contravening section 55 of the Building and Construction Industry (Improving Productivity) Act 2013. This involved determining whether the union representatives had a valid right of entry permit and whether their conduct during the entry complied with the statutory requirements for such entry.

Judge Street found that the CFMMEU and its officials had contravened section 55 of the Building and Construction Industry (Improving Productivity) Act 2013. The Court reasoned that the union representatives had failed to comply with the procedural requirements for lawful entry, specifically in relation to providing adequate notice and adhering to the permitted purposes of entry. The Court applied the principles of statutory interpretation to the relevant provisions of the Act, emphasizing the importance of strict compliance with the statutory framework governing right of entry.

The Court ordered that the CFMMEU and its officials pay pecuniary penalties for the contraventions found.