Director, Fair Work Building Industry Inspectorate v Devine Constructions Pty Ltd and Ors (No.2)

Director, Fair Work Building Industry Inspectorate v Devine Constructions Pty Ltd and Ors (No.2) concerned proceedings brought by the Director, Fair Work Building Industry Inspectorate (the Director) against Devine Constructions Pty Ltd and several of its employees. The dispute centred on allegations of contraventions of the *Fair Work Act 2009* (Cth) and the *Building and Construction Industry (Improving Productivity) Act 2013* (Cth) in relation to industrial action and alleged coercion. The matter was heard in the Federal Court of Australia before Judge Jarrett.

The primary legal issues before the Court were whether Devine Constructions and its employees had contravened provisions of the *Fair Work Act 2009* (Cth) by engaging in or threatening unlawful industrial action, and whether certain actions constituted coercion or undue influence in contravention of the *Building and Construction Industry (Improving Productivity) Act 2013* (Cth). Specifically, the Court was required to determine if the conduct of the respondents amounted to a failure to comply with the general protections provisions of the *Fair Work Act 2009* (Cth) and if the actions taken by Devine Constructions were in breach of the prohibition against coercion in the building industry legislation.

Judge Jarrett's reasoning focused on the interpretation and application of the relevant legislative provisions to the factual matrix presented. The Court examined the evidence to ascertain whether the actions of the employees constituted a "stop work" or other form of industrial action as defined by the *Fair Work Act 2009* (Cth). Furthermore, the Court considered whether the conduct of Devine Constructions, particularly in its communications and actions towards employees, amounted to coercion or undue influence as contemplated by the *Building and Construction Industry (Improving Productivity) Act 2013* (Cth). The Court applied established principles of statutory interpretation and the law of industrial relations to assess the alleged contraventions.

The Court found that Devine Constructions Pty Ltd and certain of its employees had contravened the *Fair Work Act 2009* (Cth) and the *Building and Construction Industry (Improving Productivity) Act 2013* (Cth). Orders were made by consent, including pecuniary penalties against Devine Constructions and declarations of contravention against the individual respondents.