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Cruse v Multiplex Constructions, CFMEU, Thorson and Costello


Applicant:
ABCC Inspector Warren Cruse 
Respondent(s):
Multiplex, CFMEU, Grant Thorson, Peter Costello 
Date filed:
3 December 2004 
Outcome:

Court imposed penalty of $4,000 on Multiplex on 11 October 2005. On 17 December 2007, Justice North dismissed the case against CFMEU, Thorson and Costello. An ABCC appeal against Justice North's decision was successful on 5 November 2008. Goldberg and Jessup JJ imposed $2,500 in fines on the CFMEU.
Background:

On 1 August 2003, a fatality occurred on a farm in Shepparton, nearly 200 kilometres from the Melbourne CBD.

The union policy at the time was to stop work while the safety committee conducted safety audits on all building sites after a serious accident. This conduct is no longer union policy.

On 5 August 2003, the CFMEU conducted a safety audit at Multiplex's Concept Blue Apartments Project at 336 Russell St, Melbourne. As a result of the audit and on 6 August 2003, a CFMEU shop steward, Grant Thorson organised unlawful industrial action on the Concept Blue site. Mr Thorson organised the industrial action with the intent to coerce Multiplex Limited to pay its employees strike pay for industrial action on those days.

Multiplex, the CFMEU, Thorson and Costello all admitted the contraventions alleged by the applicant.