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Carr v AMWU, Mulipola, Eiffe, Thomas and Mansour


Applicant:
ABCC Inspector Dennis Carr 
Respondent(s):
AMWU, Ale Mulipola, Fergal Eiffe, Ian Thomas and Steve Mansour 
Date filed:
23 July 2004 
Outcome:

On 4 November 2005 the AMWU was penalised $25,000, Ale Mulipola $1,000, Fergal Eiffe $600, Ian Thomas $400 and Steve Mansour $400 for coercion.

The Federal Court penalised the AMWU $25,000 and union organisers Ale Mulipola, Fergal Eiffe, Ian Thomas, and Steve Mansour $1,000, $600, $400 and $400 respectively for coercing a subcontractor, Engineering Directions, to make a certified agreement with the AMWU.

These actions contravened section 170NC of the Workplace Relations Act 1996. Finkelstein J ordered that $20,000 of the penalty be paid to the victim company, Engineering Directions, as compensation for its losses.
Background:

In June 2003, the AMWU and four AMWU organisers, Ale Mulipola, Fergal Eiffe, Ian Thomas and Steve Mansour engaged in various acts on two construction sites with intent to coerce a contractor to make a certified agreement with the AMWU.

The coercive conduct took place in June 2003 at two building sites: at the corner of Queensberry and Swanston Streets, Carlton and the corner of Victoria Parade and Powlett Street, East Melbourne.

Court information

Case number: VID 916 of 2004

Court documents:

 4/11/05 - Decision - 26KB