Director Fair Work Building Industry Inspectorate v CFMEU

The Federal Court of Australia, constituted by Judge Burnett, considered a dispute between the Director of the Fair Work Building Industry Inspectorate (the applicant) and the Construction, Forestry, Mining and Energy Union (CFMEU) (the respondent). The applicant alleged that the CFMEU had contravened section 346C(1) of the *Workplace Relations Act 1996* (Cth) by engaging in conduct that hindered or obstructed the applicant in the performance of its duties. Specifically, the applicant contended that CFMEU officials had prevented an inspector from entering a construction site to conduct an inspection.

The central legal issue before the Court was whether the actions of the CFMEU officials constituted a contravention of section 346C(1) of the *Workplace Relations Act 1996*. This required the Court to determine whether the conduct of the officials amounted to hindering or obstructing the inspector in the exercise of their statutory powers and functions under the Act.

Judge Burnett found that the evidence established that CFMEU officials had deliberately and persistently prevented the inspector from accessing the site. The Court reasoned that the statutory powers of an inspector to enter premises for the purpose of carrying out an inspection were fundamental to the enforcement regime of the Act. By physically blocking the inspector's access and refusing to allow entry, the CFMEU officials had directly hindered and obstructed the inspector in the performance of these duties. The Court applied the principle that conduct which prevents a statutory officer from exercising their lawful powers will constitute a contravention of provisions designed to protect the exercise of those powers.

The Court ordered that the CFMEU had contravened section 346C(1) of the *Workplace Relations Act 1996* and that the matter be listed for further hearing on the question of penalties.