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Ponzio v B&P Caelli, CFMEU, Crnac and Spernovasilis


Applicant:
Building Industry Taskforce, taken over by the ABCC 
Respondent(s):
B & P Caelli Construction Pty Ltd, CFMEU, Crnac, Spernovasilis 
Date filed:
24 December 2004 
Outcome:

CFMEU penalised $5,000 and B & P Caelli Construction Pty Ltd penalised $6,000 (suspended) – 14 May 2007.

The ABCC has won an appeal in the Federal Court overturning an earlier decision to dismiss an ABCC application in the matter of Ponzio v Caelli Construction Pty Ltd, CFMEU, Crnac, Spernovasilis.

A Federal Court full bench imposed a penalty of $5,000 on the CFMEU for organising industrial action with intent to coerce the payment of strike pay and for demanding the payment of strike pay. The court imposed a penalty of $6,000, suspended for 12 months, on B & P Caelli Constructions Ptd Ltd for paying strike pay.
Background:

On 5 August 2003, following the death of a Shepparton construction worker the previous week, the CFMEU conducted a safety audit at 336 Russell St, Melbourne. This resulted in industrial action on site against B&P Caelli Construction Pty Ltd (Caelli). Approximately three weeks later, further action occurred against Caelli on another site.

On 24 December 2004, the Building Industry Taskforce commenced proceedings against Caelli for paying strike pay and against the CFMEU and two officials, Mr Crnac and Mr Spernovasilis, for demanding strike pay. This prosecution was subsumed by the ABCC upon its inception in October 2005.

Caelli admitted to the contraventions, signed an agreed statement of facts and agreed to a penalty of $6,000 to be wholly suspended for 12 months. The CFMEU also admitted a contravention by it and its two officials. It signed an agreed statement of facts, but no agreement could be reached as to penalty.

On 11 September 2006, the application was dismissed in the Federal Court. The ABCC filed an appeal in the Full Court of the Federal Court on 29 September 2006.