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


Australian Building and Construction Commissioner
Respondent(s) at time of filing
CFMEU, Luke Collier
Date filed
Breach(es) found
Non-compliance with right of entry laws
Date 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.

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


Historical content

4 Jul 2019 - 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