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Alfred v CFMEU, CFMEU (NSW Branch) and Manna


Applicant:
ABCC Inspector Gregory Alfred 
Respondent(s):
CFMEU, CFMEU (NSW Branch) and Manna 
Date filed:
10 April 2008 
Outcome:

Penalties were imposed on the CFMEU, CFMEU (NSW) and Mr Manna on 20 October 2009.

The respondents appealed the decision.  The appeal was heard by the Full Bench on 13 August 2010.

In a unanimous decision the Full Bench dismissed the appeal.
Background:

In February 2006 head contractor North East Developments Pty Ltd (North East) awarded a contract to Conform Australia Pty Ltd (Conform) to provide construction services at The Portico Plaza in Toongabbie. Conform engaged concreting subcontractors to work on the site.

It is alleged that on 11 April 2006 CFMEU official Sammy Manna made threats of bankruptcy to a representative of the concreting subcontractor in an attempt to coerce him to become a member of the CFMEU.

Federal Magistrate Smith handed down judgment on 10 July 2009. The Respondents, CFMEU, CFMEU (NSW branch) and CFMEU organiser Sammy Manna have been found to have contravened section 789 of the WR Act.

Penalty:

On 20 October 2009 the Federal Magistrates Court imposed penalties of $13,000 each on the CFMEU and CFMEU (NSW) and $2600 on Mr Manna for contravening s.789 of the Workplace Relations Act 1996.