ABCC v Hall and CFMEU MLG259/2011

Applicant: Australian Building and Construction Commissioner 

Respondent(s): Adam Hall, Construction Forestry Mining & Energy Union (CFMEU)

Date filed: 25 February 2011

Court Findings:

The Federal Magistrate Court found that CFMEU official Adam Hall contravened section 500 of the Fair Work Act 2009 by hindering and obstructing and acting in an improper manner while exercising entry rights at two building sites.

On the morning of 21 January 2010, Mr Hall entered a Kristini Place site and a Sayers Road site seeking to investigate a suspected breach of the Victorian OHS Act.

FM Hartnett found Mr Hall hindered and obstructed various persons and acted in an improper manner wherein he pushed the project manager and used abusive language at two sites near Truganina in Victoria.

Court Outcome:

Federal Magistrate Hartnett did not impose penalties and made no orders as to cost.