Director of the Fair Work Building Industry Inspectorate v Bragdon

The case of Director of the Fair Work Building Industry Inspectorate v Bragdon involved the Director of the Fair Work Building Industry Inspectorate and three respondents, including two union officials, Bragdon and Kong. The dispute centred on the respondents' entry onto a construction site without proper authorisation and their subsequent conduct on site, which allegedly contravened sections 497, 500, and 503 of the Fair Work Act. The primary issues for the court to decide were whether the respondents had contravened the Act by entering the site without proper permits and whether their conduct on site, including misrepresentation and hindering work, amounted to further contraventions.

The court found that the respondents had indeed contravened the Act by entering the site without the necessary permits. It was established that the second respondent, Kong, had not produced his entry permit when requested and had misrepresented his identity as "Steve Irwin." The court also concluded that their conduct, including the discussion of safety issues without proper authority and failure to comply with requests for identification and permit inspection, constituted further contraventions of the Act. The credibility of the witnesses and the evidence presented under the Briginshaw test was carefully considered, leading to the conclusion that the respondents' actions were deliberate and in contempt of the legal limits of their powers.

The court ordered that declaratory relief should be granted and penalties imposed, with a separate hearing to be scheduled to determine the form and quantum of the penalties. It was noted that the penalties should be personally paid by the respondents to ensure deterrence, and the CFMEU was identified as the correct union respondent to be ordered to pay any penalties. The proceeding was set down for further directions on 10 July 2015 to address these matters.