Case name
Australian Building and Construction Commissioner v Luke Collier & Anor
Known as
The Barangaroo Headland Park Case
Commonwealth Courts Portal reference and link

SYG3426/2014

Applicant
Australian Building and Construction Commissioner
Respondent(s) at time of filing
CFMEU, Luke Collier
Date filed
10 December 2014
State/Territory
NSW
Breach(es) found
Non-compliance with right of entry laws
Status
Finalised
Link to liability judgment

Australian Building & Construction Commissioner v Collier & Ors [2019] FCCA 650 (18 March 2019)

Summary of court decision

On 4 July 2019, the Federal Circuit Court in Sydney has imposed penalties totaling $13,500 against the CFMMEU and its then organiser Luke Collier after he refused to follow OHS procedures while on the $163 million Barangaroo Headland Park site on 5 March 2014.

In the earlier liability judgment, the Court found that a request had been made of Mr Collier to comply with an OHS requirement that applied to the site—namely, that he not enter the site unless accompanied by a fully site-inducted Lend Lease project representative.

The Court accepted that this request was contained in the visitor induction document, which accompanied the sign-on book that Mr Collier signed prior to entering the site. The judge found that the request was a reasonable one in the circumstances. Despite the request being made of him, Mr Collier proceeded onto the site without being accompanied by a relevant project representative. Consequently, Mr Collier breached section 499 of the Fair Work Act.The judgment of the Court stated:

[Mr Collier’s] subsequent conduct in embarking on the safety walk was therefore left without a reasonable explanation. His action could be described as arbitrary, capricious and impulsive.”

Mr Collier also admitted it was an OHS requirement that visitors attending the site remain accompanied by a project representative who has undertaken a full site induction.

Penalties
CFMMEU $10,800
Luke Collier $2,700
Total $13,500

 

Related content

Media release - CFMMEU and Luke Collier penalised $13,500 for safety breach on Barangaroo site

Australian Building and Construction Commissioner v Collier & Ors [2017] FCCA 1964 (18 August 2017 – Interlocutory Judgment on Application to call evidence in Reply