Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union

The Director, Fair Work Building Industry Inspectorate (the Director) brought proceedings against the Construction, Forestry, Mining and Energy Union (CFMMEU) in the Federal Court of Australia. The dispute concerned allegations that the CFMMEU had contravened section 346 of the *Fair Work Act 2009* (Cth) by engaging in conduct that hindered or obstructed a person who was performing functions or exercising powers under the *Fair Work Act*. Specifically, the Director alleged that union officials had prevented an inspector from entering a construction site to conduct an inspection.

The primary legal issue before the Court was whether the actions of the CFMMEU officials constituted a contravention of section 346 of the *Fair Work Act*. This required the Court to determine whether the conduct of the union officials amounted to hindering or obstructing the inspector in the performance of their duties, and whether the CFMMEU was vicariously liable for the actions of its officials.

Judge Jarrett found that the evidence established that the CFMMEU officials had indeed hindered and obstructed the inspector from entering the site to carry out their lawful duties. The Court applied the principles of vicarious liability, holding the CFMMEU responsible for the unlawful conduct of its officials acting within the scope of their employment. The Court concluded that the CFMMEU had contravened section 346 of the *Fair Work Act*.