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Australian Building and Construction Commissioner v CFMEU and McDonald


Applicant:
Australian Building and Construction Commissioner 
Respondent(s):
CFMEU, Joseph McDonald 
Date filed:
16 August 2010 
Status:

On 12 December 2011 the Federal Court in Perth imposed penalties totalling $192,500 on the CFMEU, $38,500 on Mr McDonald for unlawful industrial action and coercion to make an agreement.  The CFMEU was also ordered to pay $19,000 ABCC’s costs. Justice Barker will issue reasons for the decision at a later date.
Outcome:

On 12 December 2011 the Federal Court in Perth imposed penalties totalling $192,500 on the CFMEU, $38,500 on Mr McDonald for unlawful industrial action and coercion to make an agreement.  The CFMEU was also ordered to pay $19,000 ABCC’s costs. Justice Barker will issue reasons for the decision at a later date.
Background:

Probuild was the project manager of the One40 site at 140 William Street, Perth, Western Australia.

The ABCC alleges the CFMEU and Joseph McDonald contravened the BCII Act on at a Probuild construction site in Perth during 2009.

Mr McDonald and the CFMEU allegedly engaged in unlawful industrial action by facilitating work-bans and stoppages at the site on four occasions between January 2009 and August 2009.

On 21 August 2009, Justice Barker refused to exercise his discretion to injunct the Respondents from engaging in further unlawful industrial action.

The ABCC also alleges Mr McDonald attempted to unlawfully coerce a subcontractor on the project to make an enterprise bargaining agreement.

On 12 December 2011 Justice Barker endorsed the agreement reached by the parties in a proposed settlement.  Penalties totalling $231,000 were imposed on the CFMEU and Mr McDonald after they admitted engaging in unlawful industrial action and coercion to make an agreement at the Probuild site in 2009.  The Federal Court will issue reasons for the decision at a later date.