Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (Inner City South State Secondary College Case) (No 2)

In this case, the Fair Work Ombudsman sought to hold the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) liable for contraventions of the Building and Construction Industry (Improving Productivity) Act 2016 by two of its members. The CFMEU argued that it was not liable for the actions of its members, and that the directions to cease work were invalid. The court was required to determine whether the CFMEU was liable for the contraventions, and whether the directions to cease work were valid.

The court found that the CFMEU was liable for the contraventions by its members, and that the directions to cease work were invalid. The court held that the stoppages of work were industrial action, and that the CFMEU was liable for the contraventions by its members. The court also found that the directions to cease work were invalid because they were not given in consultation with the employers, and because they were not based on a reasonable concern about an imminent risk to health and safety. The court held that the employees were not required to comply with the invalid directions, and that the stoppages of work were unlawful industrial action.

The court held that the challenge to the validity of the directions was not an impermissible collateral challenge, and that the directions were administrative in nature. The court found that the Health and Safety Representative did not hold a statutory office, and that the Fair Work Ombudsman had standing to challenge the directions. The court held that the directions were invalid because they were not given in consultation with the employers, and because they were not based on a reasonable concern about an imminent risk to health and safety.

The matter was listed for a hearing to determine the appropriate relief for the contraventions. The court ordered that the matter be listed for a hearing on a date to be fixed to determine the appropriate relief for the first and third respondents' contraventions of s 46 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) and the first, second and third respondents' contraventions of s 52 of that Act.