Construction, Forestry, Mining and Energy Union v Hume Highway Constructions Pty Ltd

The Construction, Forestry, Mining and Energy Union (CFMEU) sought a declaration that Hume Highway Constructions Pty Ltd and Anthony John Gittany had contravened sections 501 and 502 of the Fair Work Act 2009 (FWA) and to impose pecuniary penalties for those contraventions. The CFMEU alleged that Hume Highway Constructions refused and/or unduly delayed its officials’ entry to the construction site and intentionally hindered or obstructed them in the exercise of their rights under the FWA and the Occupational Health and Safety Act 2000 (NSW). Hume Highway Constructions and Mr Gittany denied the allegations. The Federal Circuit Court found that Hume Highway Constructions was not liable for Mr Gittany's actions and that the CFMEU had failed to prove the alleged contraventions of the FWA. The court found that Mr Gittany did not hinder or obstruct the CFMEU officials' rights in the car park as they were not exercising any rights at that location. The court also found that Mr Gittany did not unduly delay the CFMEU officials' entry to the construction site as the delay was reasonable and necessary to ensure public order. The court dismissed the CFMEU's application.