McFadzean & Ors v CFMEU & Ors

McFadzean and others (the applicants) brought proceedings against the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and others (the respondents) in the Federal Court of Australia. The dispute concerned allegations of unlawful industrial action and related conduct.

The primary legal issue before the Full Court of the Federal Court was whether the applicants had established a contravention of section 417 of the *Fair Work Act 2009* (Cth) by the respondents, specifically in relation to alleged coercion and intimidation of employees. This involved determining whether the actions of the CFMEU officials constituted unlawful pressure to take industrial action.

The Court considered the evidence presented regarding the conduct of the CFMEU officials, including alleged threats and intimidation directed at employees to cease work. The judges applied the principles of statutory interpretation to section 417 of the *Fair Work Act*, focusing on the elements required to prove coercion and the intention behind the alleged conduct. They analysed whether the actions taken by the respondents amounted to unlawful pressure as defined by the Act, taking into account the context of industrial relations and the specific circumstances of the alleged events.

The Court ultimately found that the applicants had not discharged the onus of proving the contraventions alleged under section 417 of the *Fair Work Act*. Accordingly, the applications were dismissed.