Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Bay Street Appeal) [2020] FCAFC 192 (10 November 2020) (Allsop CJ, Flick and White JJ)


Catchwords:


INDUSTRIAL LAW – where head contractor failed to comply with request of industrial association to provide additional amenities – whether head contractor “engaged in industrial activity” within the meaning of s 347(b)(iv) of the Fair Work Act 2009 (Cth) – whether s 347(b)(iv) extends to lawful requests or directions of an industrial association which are unrelated to matters concerning freedom of association – whether industrial activity confined to rights of participation – whether industrial association engaged in “adverse action” so as to give rise to s 346(b) – whether industrial association coerced head contractor to engage in industrial activity contrary to s 348

STATUTORY CONSTRUCTION – the need to construe a provision in its context and to give effect to objects and purposes – the circumstances in which reference may be made to extrinsic materials, including an explanatory memorandum