Case name
Australian Building and Construction Commissioner v Dean Hall & Ors
Known as
The Village Building Case
Commonwealth Courts Portal reference and link

CAG78/2014

Applicant
Australian Building and Construction Commissioner
Respondent(s)
  • CFMEU, Dean Hall, Halafihi Kivalu, Johnny Lomax, Kenneth Miller, Jason O’Mara, Zachary Smith
Date filed
State/Territory
ACT
Breach(es) found
Non-compliance with right of entry laws
Status
Finalised
Date finalised
Link to liability judgment

Commissioner of the Australian Building and Construction Commission v Hall & Ors (The 3 site Canberra Case)

Link to penalty judgment

Commissioner of the Australian Building and Construction Commission v Hall & Ors (The 3 site Canberra Cases)

Summary of court decision

On 17 September 2020, the Federal Circuit Court in the ACT penalised the CFMMEU $138,000 and six officials a further $63,500 following breaches of right of entry laws across three apartment project sites in Franklin, Harrison and Wright in 2013 and 2014.

Over a seven-month period CFMMEU officials: Dean Hall, Halafihi Kivalu, Johnny Lomax, Jason O’Mara, Zachary Smith and Kenneth Miller entered the various project sites while failing to show federal entry permits as required, failing to comply with occupational health and safety requirements and hindering workers on one or more of the sites and acting improperly.

Mr Hall, who was then secretary of the CFMMEU ACT, was found to have hindered a concrete pour and to have walked onto the site in Wright unaccompanied, where he also scaled scaffolding in breach of site safety rules.

Mr Hall was penalised $27,000 for seven contraventions of the Fair Work Act. Current ACT secretary, Jason O’Mara was penalised $12,000 for refusing to produce his federal entry permit at one site and failing to comply with an occupational health and safety requirement at another site.

In commenting on Mr O’Mara’s behaviour Judge Neville said:

“As stated many times … bluster and ill-informed comments have no place anywhere. … To profess knowledge, and to act bluntly and forcibly upon it, when it is plainly wrong, is (and in this instance was) wilful and dangerous ignorance. This is especially so when one is in a position of authority, such as Mr O’Mara was. Ill-informed and misconceived “might” is never “right.”

The Federal Circuit Court judgement provided:

“The interruptions ranged from ultimately stopping the last stages of a concrete pour, to extended and quite testy engagements between Union officials and management, and to clear flouting of health and safety directions while on site. Properly managed and appropriately informed, in my view, each and every action/conduct by the Union officials involved, which have resulted in the contraventions established, need not have occurred. They could have, and should have, been readily avoided.”

The judgement further stated:

“Apart from some acknowledgement in the course of the trial that some conduct at the time, in hindsight, was either ill-advised or could have been handled better, for example as noted by Mr Hall in his evidence, there was no expression of contrition by any of the Respondents for their conduct.

In speaking about the involvement of the CFMMEU, Judge Neville said:

"In my view, it is reasonable for the Court to note that the Union is, with little dissent… one of, if not the most forthright and belligerent of Unions in the building industry. It has been around a long time. Its long experience and that of its officials would be difficult to challenge. This only makes it all the more perplexing how regularly around the country it somehow, but consistently misguidedly and ill-informed, thinks that “might is right”, especially when so many warnings and cautions have been issued by Courts.”

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

Total Penalties
Penalties awarded against Penalties awarded
CFMMEU $138,000
Dean Hall $27,000
Halafihi Kivalu $13,000
Johnny Lomax $2,000
Jason O'Mara $12,000
Zachary Smith $6,000
Kenneth Miller $3,500
Total penalties $201,500
Historical content

21 Sep 2020 - CFMMEU and six officials hit with $201,500 in penalties over ACT entry breaches

Application to transfer the matter to the Federal Court heard on 12 January 2017. Application dismissed: Commissioner, Australian Building & Construction Commission v Hall & Ors (No.2) [2017] FCCA 18