The ABCC instituted proceedings against the CFMEU and CFMEU delegates Sam Fry, Robert Bannister and Barry Hoffman. The proceedings related to conduct at the Roche Mining (JR) Pty Ltd (RMJR), Mineral Sands Separation Plant (MSP) site in Hamilton, Victoria. It is alleged that in August 2005, Mr Fry told a building contractor that he must be a member of the CFMEU and have an enterprise agreement with the CFMEU to perform work at the MSP site. It is further alleged that in July 2006, Mr Bannister and Mr Hoffman organised industrial action against RMJR with intent to coerce RMJR to terminate the contract of the building contractor.
On 22 August 2008, Federal Court Justice Marshall found that the CFMEU and CFMEU delegate Sam Fry:
- contravened s.298SC(c) of the Workplace Relations Act 1996 (WR Act) by making false and misleading statements regarding a Hamilton building contractor’s obligation to join the union; and
- contravened s.170NC of the WR Act by demanding that the building contractor enter into a certified agreement with the CFMEU.
Justice Marshall ruled CFMEU delegates Robert Bannister and Barry Hoffman and the CFMEU did not contravene ss.43(1)(b), (c) and (d) of the Building and Construction Industry Improvement Act 2005 (BCII Act) which relate to coercion.