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Williams v CFMEU and Mates


Applicant:
ABCC Inspector Andrew Williams 
Respondent(s):
Robert Mates, CFMEU 
Date filed:
21 December 2007 
Outcome:

On 27 May 2009 Justice Jessup imposed penalties totalling $100,000 on the CFMEU and $15,000 on Mr Robert Mates for two contraventions of s.43 of the BCII Act. The CFMEU and Mr Mates' appeal against Justice Jessup's penalty was heard on 16 November 2009 by the Full Court of the Federal Court.

On 7 December 2009 the Full Court delivered judgment upholding the appeal. The Full Bench held that the primary judge made an error in imposing two penalties. The Full Court exercised its discretion in imposing new penalties of $35,000 on the CFMEU and $7,500 on Mr Mates.
Background:

The ABCC alleged that on Friday, 28 July 2006 Mr Mates demanded that Kane Constructions Pty Ltd employ another Occupational Health and Safety representative on a site. The ABCC alleged that Mr Mates threatened a work stoppage, or other action to stop work on site, if this demand was not met.

Mr Mates returned to the site on the following Monday, 31 July 2006. The ABCC alleged that on this day Mr Mates organised a stoppage of work at the site for the purpose of coercing Kane Constructions to employ another labourer on site as an OHS Representative.

The workers ceased work at the site after the meeting and did not return until 2 August 2006.

On 13 March 2009 Justice Jessup handed down reasons for judgement finding that on 31 July 2006 Mr Mates procured a stoppage of work on the site as a means of having Kane Constructions employ or engage a labourer. His Honour found that this conduct was illegitimate and was therefore in contravention of s.43 of the Building and Construction Industry Improvement Act 2005.

His Honour did not find that Mr Mates had engaged in unlawful industrial action himself.