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ABCC v Mitchell, Papaconstuntinos, CFMEU & CFMEU (NSW Branch)


Applicant:
ABCC 
Respondent(s):
Thomas Mitchell, Tony Papaconstuntinos, CFMEU, CFMEU (NSW) 
Date filed:
30 March 2011 
Outcome:

On 16 August 2011, Raphael FM imposed a penalty of $2500 on CFMEU official Thomas Mitchell, $5000 on the CFMEU (National), and $5000 on the CFMEU (NSW Branch).  Mr Mitchell has also agreed and made an undertaking not to apply for a right of entry permit under the Fair Work Act 2009 for a period of twelve months from the date of the order.
Background:

Cavill Properties Pty Ltd was a constitutional corporation undertaking a building project at 6 ‘The Crescent’, Dee Why NSW and 1262 Pitwatter Road, Narabeen.

The ABCC alleged that on 17 June 2010, CFMEU officials Thomas Mitchell and Tony Papaconstuntinos contravened various sections of the Fair Work Act (2009) (FW Act) while seeking to exercise their rights under that Act.

The ABCC alleged that Mr Mitchell committed a further contravention of the FW Act on 22 June 2010 by ignoring reasonable requests related to occupational health and safety.

    Court information

    Case Number: SYG-591/2011

    Media documents

    Backgrounder

  • 19/04/2011 - Backgrounder