Construction, Forestry, Mining and Energy Union & Ors v Australian Building and Construction Commissioner

The Construction, Forestry, Mining and Energy Union (CFMMEU) and its officials brought proceedings against the Australian Building and Construction Commissioner (ABCC) in the Federal Court of Australia. The dispute concerned the Commissioner's power to issue a notice under section 52 of the *Building and Construction Industry (Improving Productivity) Act 2013* (Cth) (the Act) requiring the CFMMEU and its officials to provide information and documents relating to alleged contraventions of the Act. The CFMMEU sought to challenge the validity of these notices.

The primary legal issue before the Full Federal Court was whether the Commissioner had the power to issue a notice under section 52 of the Act to a union or its officials, requiring them to produce documents and information concerning alleged contraventions of the Act by the union or its officials. This involved an interpretation of the scope of the Commissioner's investigative powers and the definition of "person" within the context of the Act.

The Court considered the language of section 52, which permits the Commissioner to issue a notice to a "person" if the Commissioner has reason to believe that the person has contravened, or is contravening, a provision of the Act, or is capable of providing information or documents relevant to an alleged contravention. The Court held that the term "person" in section 52 is not limited to natural persons but extends to bodies corporate and, by implication, to organisations such as the CFMMEU. Furthermore, the Court found that the Commissioner's power to issue a notice extends to requiring information and documents relating to contraventions committed by the organisation itself or its officials. The Court applied principles of statutory interpretation, including the ordinary meaning of words and the purpose of the legislation, to reach its conclusion.

The Full Federal Court dismissed the CFMMEU's application, upholding the Commissioner's power to issue the notices under section 52 of the Act.