Case name
Australian Building and Construction Commission v Construction, Forestry, Mining and Energy Union and Another named in the Schedule
Known as
Parliament Square
Commonwealth Courts Portal reference and link

TAD30/2016

Applicant

Australian Building and Construction Commissioner

Respondent(s) at time of filing

CFMMEU, Richard Hassett

Date filed
14 July 2016
State/Territory
TAS
Breach(es) found
Non-compliance with right of entry laws
Status
Finalised
Link to liability judgment

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Parliament Square Case) [2018] FCA 1080

Link to penalty judgment

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Parliament Square Case) (No 2) [2018] FCA 1201

Summary of court decision

The ABCC* commenced proceedings in the Federal Court against the CFMEU and its official, Richard Hassett, for allegedly acting in an abusive and intimidating manner towards site management at a Hobart construction site.

The Court found that Mr Hassett entered the Parliament Square project site on three occasions in 2015 without providing an entry notice to hold discussions with workers. In particular, the Court found that:

  • On 28 July 2015, Mr Hassett swore at site management and a Workplace Health and Safety supervisor;
  • On 21 October 2015, Mr Hassett entered the Site without providing an entry notice and held discussions with workers outside of break times; and
  • On 5 November 2015, Hassett entered the Site without providing an entry notice and swore at the construction manager. Mr Hassett left after the police were called and returned later that day producing an entry notice under the Tasmanian Work Health and Safety Act. During this visit, he spoke to the project manager in an abusive manner.

By failing to provide notice of entry on three occasions, holding discussions during work time and engaging in abusive and intimidating conduct, Hassett acted in an improper manner and thereby breached right of entry provisions under the Fair Work Act 2009.

The Federal Court on 20 July 2018 found the CFMEU and Mr Hassett had contravened s500 of the Fair Work Act 2009.

*This matter was originally filed by Fair Work Building and Construction (FWBC). On 2 December 2016, FWBC became the ABCC.

Penalities

Penalties awarded against

Penalties awarded

CFMMEU

$170,000

Richard Hassett

$18,000

Total

$188,000

Total penalities

$188,000

Related content

Media release – Two Tasmanian cases take CFMMEU penalties for the week to $822,500