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Duffy v CFMEU


Applicant:
ABCC Inspector Terry Duffy 
Respondent(s):
CFMEU 
Date filed:
3 August 2007 
Outcome:

On 29 November 2008 Justice Marshall found that the CFMEU had contravened s.38 of the Building and Construction Industry Improvement Act 2005 by taking unlawful industrial action. On 31 March 2009 Marshall J imposed a penalty of $5,500 on the CFMEU.
Background:

The ABCC alleged that unlawful industrial action occurred on the site on 20 October 2005 when CFMEU organisers Mr Robert Mates and Mr Danny Berardi directed that there be a stoppage at the site of earthworks and site amenities works. As a result, the site was closed for the day.

It was alleged that on On 21 October 2005 Mr Berardi told the head contractor that the bans on amenities works would be lifted but the ban on any productive work would remain. The continuing of the work ban was linked to demands made by Mr Mates, Berardi and Tadic that the site operated under a mixed metals agreement and that there be shop stewards on site.

It was alleged that on 24 October 2005 Mr Mates and Mr Tadic threatened to take action against the head contractor, with intent to coerce it to engage a person nominated by the CFMEU.