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Radisich v CFMEU, CFMEUW and Molina


Applicant:
ABCC Regional Director Jeffrey Radisich 
Respondent(s):
CFMEU, CFMEUW, Walter Molina 
Date filed:
15 July 2009 
Status:

On 11 February 2011 the Federal Magistrates’ Court at Perth found that the respondent’s contravened section 790(1)(a)(i) of the FW Act (false and misleading statements).  A penalty hearing was held on 11 May 2011.  The decision has been reserved.
Background:

Australand Holdings Limited was the head contractor on the Coles-Myer Regional Distribution Centre construction project at Perth Airport.

On 19 March 2008, CFMEU organiser Walter Molina told employees of a contactor on the site that they could not continue to work on the site unless they became union members. Mr Molina met with the contractor's industrial relations manager and told him that the employees could not return to work at the site until they became union members.

The ABCC alleges that Mr Molina had made false and misleading representations about the obligation of the employees to be members of the CFMEU, and took action with the intent to coerce the employees to become members of the CFMEU.

A trial was held on 3 and 4 November and 3 December 2009.

    Court information

    Case Number: PEG125/2009

    Media documents

    Backgrounder

  • 17/07/09 - Backgrounder