Case name
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors
Known as
Brooker Highway Project
Commonwealth Courts Portal reference and link

TAD47/2017

Applicant
Australian Building and Construction Commissioner
Respondent(s)
  • CFMEU, Kevin Harkins, Richard Hassett
Date filed
State/Territory
TAS
Breach(es) found
  • Non-compliance with right of entry laws
Status
Finalised
Link to liability judgement

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Brooker Highway Case) [2018] FCA 1081

Link to penalty judgment

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Brooker Highway Case) (No 2) [2018] FCA 1214

Summary of court decision

The ABCC filed proceedings in the Federal Court against the CFMEU and CFMEU organisers Kevin Harkins and Richard Hassett.

The Court found that when Mr Hassett attended the Brooker Highway (Elwick Road to Howard Road) Upgrade Roadworks Project on 12 and 13 October 2016 he did not adhere to the right of entry procedures under the Fair Work Act. Mr Hassett acted improperly whilst at the Project, saying words to the effect of:

“He is a f*ckin’ incompetent c**t. Always using his words to push the code compliance and Fair Work bullsh*t to me.”

“Don’t make me angry … I’m sick of your bullsh*t."

"I’m closing the amenities f*cking down. What do you say to that … God you are a d*ckhead. F*cking incompetent c**t.”

“I f*ckin’ have all the power.”

“We don’t recognise the Code … You don’t want to get on the bad list.”

In its liability decision the Court found Mr Hassett and the CFMEU had contravened s500 of the Fair Work Act.

Penalties

Penalties awarded against

Penalties awarded

CFMEU

$50,000

Richard Hassett

$7,500

Total

$57,500

Total penalties

$57,500

Historical content

16 Aug 2018 - Two Tasmanian cases take CFMMEU penalties for the week to $822,500