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

In the Federal Circuit Court of Australia, the Director of the Fair Work Building Industry Inspectorate (the applicant) brought proceedings against the Construction, Forestry, Mining and Energy Union (the respondent). The dispute concerned allegations that the respondent union 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 applicant 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 union officials constituted a contravention of section 346 of the *Fair Work Act*. This required the Court to determine whether the conduct of the officials amounted to hindering or obstructing the inspector in the performance of their duties, and whether the union was vicariously liable for the actions of its officials. The Court also considered the interpretation of "hinders or obstructs" in the context of an inspector's lawful right of entry.

Judge Cameron found that the evidence established that union officials had deliberately prevented the inspector from accessing the site, thereby hindering and obstructing the inspector in the exercise of their statutory powers. The Court applied the principles of statutory interpretation, emphasizing the importance of upholding the integrity of the regulatory framework established by the *Fair Work Act*. The Court held that the union was vicariously liable for the conduct of its officials, as they were acting within the scope of their employment when they engaged in the obstructive conduct. Consequently, the Court found that the respondent union had contravened section 346 of the *Fair Work Act*.