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Alfred v Wakelin, O'Connor, CFMEU, AWU and AWU (NSW)


Applicant:
ABCC Inspector Gregory Alfred 
Respondent(s):
Robert Wakelin, Joseph O’Connor, CFMEU, AWU and AWU (NSW) 
Date filed:
15 May 2007 
Outcome:

On 25 September 2008, Jagot J. imposed a penalty of $1,100 on Robert Wakelin and $8,000 on the CFMEU in respect of the unlawful industrial action on 10 November 2005.

On 17 September 2008 it was found that the AWU, AWU (NSW) and their delegate Joseph O’Connor contravened the Building and Construction Industry Improvement Act 2005, the Workplace Relations Act 1996 and the relevant certified agreement by engaging in unlawful industrial action.

On 26 March 2009 Jagot J handed down the following penalties in respect of the contraventions:

  • Mr Joseph O'Connor: Contravened s.38 of the BCII Act and ss.170MN and 178 WR Act.
    October stoppage: $6,500; November stoppage: $2,500 - Total $9,000
  • AWU Federal: Contravened s.38 of the BCII Act and ss.170MN and 178 WR Act.
    October stoppage: $20,000; November stoppage: $8,000 - Total $28,000

AWU - NSW: Contravened s.38 of the BCII Act.
October stoppage: $12,500; November stoppage: $5,500 - Total $18,000
Background:

The owner of the Cowal gold mine at Lake Cowal in NSW engaged a head contactor to carry out a construction project at the mine. The head contractor employed up to 300 workers on the site.

For three days from 15 to 17 October 2005, unlawful industrial action was allegedly engaged in by O'Connor, the AWU and AWU (NSW) over food and hygiene standards at the kitchen and mess at the camp.

On 10 November 2005 at 10.30am, workers attended an authorised stop work meeting. The meeting exceeded the authorised time and the head contractor instructed the employees to return to work. Despite this, the employees who had attended the meeting did not return to work until 6.30am on 11 November 2005. It was alleged that both the CFMEU and AWU were involved.

A penalty hearing for the AWU, AWU (NSW) and their delegate Joseph O'Connor was held before Her Honour Justice Jagot on 26 March 2009.