Case name
Australian Building and Construction Commissioner v David Hanna & Anor
Known as
Broadway on Ann
Commonwealth Courts Portal reference and link

BRG98/2016

Applicant

Australian Building and Construction Commissioner

Respondent(s) at time of filing

CFMEU, Dave Hanna

Date filed
4 February 2016
State/Territory
QLD
Breach(es) found
Non-compliance with right of entry laws
Status
Under appeal
Link to liability and penalty judgement

Australian Building and Construction Commissioner v Hanna & Anor (No.3) [2017] FCCA 2519 (19 October 2017)

Link to Federal Court appeal judgement

Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Broadway on Ann Case) [2018] FCAFC 126

Summary of court decision

This matter commenced following the attendance of former CFMEU Divisional President David Hanna at a Brisbane construction project on 10 February 2015.

The ABCC* alleged that Mr Hanna’s conduct on that project constituted six separate contraventions of section 500 of the Fair Work Act 2009. Proceedings were also commenced against the CFMEU by virtue of Mr Hanna’s conduct.

Mr Hanna admitted that:

  • On 10 February 2015 Mr Hanna entered the site without providing the appropriate entry notice to the site occupier, saying he wanted to hold discussions with workers.
  • When site managers asked Mr Hanna to provide his right-of-entry permits, he raised his middle finger and said he did not need permits.
  • Mr Hanna’s unlawful entry escalated until he sprayed water over one of the site managers.
  • When the site manager attempted to record Mr Hanna’s behaviour on his mobile phone Mr Hanna said: “Take that phone away or I’ll f--king bury it down your throat”.

A penalty hearing for Mr Hanna was conducted on 25 May 2017; a decision was delivered later that day - ABCC v David Hanna [2017] FCCA 1257. The Court imposed a penalty of $10,200 on Mr Hanna for his unlawful conduct.

On 19 October 2017, the Court delivered a penalty decision in relation to the CFMEU - Australian Building and Construction Commissioner v Hanna & Anor (No.3) [2017] FCCA 2519. That decision was appealed by the CFMMEU.

On 14 August 2018, the Full Federal Court set aside the orders of the Federal Circuit Court and re-imposed penalties totaling $306,000 on the CFMMEU.

*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

CFMEU

$306,000

Dave Hanna

$10,200

Total

$316,200

Total penalities

$316,200