Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Monash Freeway Widening Case) [2022] FCAFC 59 (11 April 2022) (Bromberg, Charlesworth and McElwaine JJ)


Catchwords:


INDUSTRIAL LAW – appeal from judgment and orders based on a finding of contravention of s 500 of the Fair Work Act 2009 (Cth) – permit holder found to have acted in an improper manner in the exercise of powers – permit holder found to have physically pushed past a project manager at a construction site with deliberate intent – whether finding of contravention was based to any extent on the advantage of the trial judge in seeing and hearing the witnesses give their evidence at the trial – role of the Full Court on an appeal by way of rehearing in relation to an alleged error of fact – whether applicant’s allegation of contravention proved to the requisite standard under s 140 of the Evidence Act 1995 (Cth) – appeal allowed – orders imposing pecuniary penalties varied