The ABCC alleges Joe McDonald and the CFMEU and WA Assistant Secretary Joe McDonald took, or threatened to take, unlawful industrial action and made false or misleading statements with the intent to coerce Diploma Constructions Pty Ltd to make an enterprise agreement with the CFMEU.
On 5 July 2011 the Federal Court ordered an interlocutory injunction be imposed on the CFMEU and Mr McDonald to prevent them engaging in or organising further activities until the conclusion of this proceeding.
On 12 August 2011 the Federal Court upheld the ABCC’s motion to seek the imposition of a monetary penalty on the CFMEU and Mr Joe McDonald for contempt of orders made by Gilmour J on 23 December 2009. The Federal Court also upheld the ABCC’s motion that this proceeding be hear together with ABCC v CFMEU, McDonald and Buchan and ABCC v Inner Strength Steel Fixing and Sacha.
The order restrained Mr McDonald and the CFMEU from being involved in industrial action at any Diploma construction site. The CFMEU and Mr McDonald are alleged to have been in contempt as a result of their conduct at a Diploma construction site on 2 February 2011 and 10 June 2011.
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