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A & L Silvestri and Hadgkiss v CFMEU, CFMEU (NSW), Primmer, Lane and Kelly


Applicant:
A & L Silvestri Pty Ltd, ABCC Inspector Nigel Hadgkiss  
Respondent(s):
CFMEU, CFMEU NSW, Michael Lane, Peter Primmer and David Kelly 
Date filed:
7 June 2005 
Outcome:

On 11 April 2008, Justice Gyles imposed a penalty of $5,500 on the CFMEU's Federal and NSW branches and $1,800 on CFMEU official Michael Lane. The unions were also ordered to pay the subcontractor, A & L Silvestri, $23,000 in damages together with $9,554.77 in interest.  On 2 June 2008, Justice Gyles ordered the CFMEU and CFMEU (NSW Branch) to pay A&L Silvestri Pty Ltd's costs of proving its damages in the proceeding and of the costs application.
Background:

The ABCC instituted proceedings alleging that in October 2003, the Federal CFMEU, the NSW branch of the CFMEU and three organisers, Michael Lane, Peter Primmer and David Kelly, took unprotected industrial action and threatened further industrial disruption against a head contractor and an earthmoving subcontractor on a Wollongong site because they did not have industrial agreements with the CFMEU. The ABCC also alleged that the unions and the officials also threatened to shut down the site if the subcontractor was not removed.