Director, Fair Work Building Industry Inspectorate v Myles

The Director, Fair Work Building Industry Inspectorate (the Director) brought proceedings against Mr. Myles, alleging contraventions of section 500 of the *Fair Work Act 2009* (Cth). The dispute concerned the conduct of union organisers exercising their right of entry to a workplace. The Director contended that Mr. Myles had intentionally hindered and obstructed the organisers, and alternatively, had otherwise acted in an improper manner. The matter was heard by Judge Burnett in the Federal Court of Australia.

The primary legal issues before the Court were whether Mr. Myles had intentionally hindered and obstructed the union organisers, and whether he had otherwise acted in an improper manner during the exercise of their right of entry. The Court was required to consider the elements of these contraventions, particularly the subjective intent required for the first limb and the nature of "improper manner" for the second limb. The Court also considered the application of pleading rules in circumstances involving multiple parties and contraventions, and the appropriate phrasing of declaratory relief.

Judge Burnett determined that the "intentionally hinder and obstruct" limb of section 500 required proof of a subjective intent to hinder or obstruct. The Court found that the Director had failed to adduce sufficient evidence to establish this relevant intent on the part of Mr. Myles. However, regarding the alternative ground, the Court held that "otherwise act in an improper manner" did not require proof of intention. The Court found that Mr. Myles's swearing and abusive behaviour constituted acting in an improper manner, and that the intention to do so was not a necessary element for this limb of the contravention. The Court also addressed the phrasing of declaratory relief, indicating that it should be clear and precise.