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Wilson v Nesbit and CFMEU


Applicant:
ABCC Inspector Nathan Wilson 
Respondent(s):
Tim Nesbit, CFMEU 
Date filed:
27 January 2009 
Outcome:

On 23 December 2009 the Federal Court made declarations that the CFMEU and Mr Nesbit contravened s.44(1) of the Building and Construction Industry Improvement Act 2005 (BCII Act) by intending to coerce an employer to enter into a new workplace agreement with the CFMEU. The penalties of $40,000 and $9000 were imposed on the CFMEU and Mr Nesbit respectively after a settlement was reached with the ABCC.
Background:

On 23 June 2008 CFMEU organiser Tim Nesbit attended the Brisbane premises of Budget Shopfitters Pty Ltd, which make and install fittings for offices and shops. The employees were working under an employee collective agreement. Nesbit made threats to a director of the company to:

(a) ban the company from any building site in Australia; and
(b) perform an audit which would result in the company having to spend a minimum of $30,000 on improvements.

In making these threats, Nesbit intended to force the company to terminate its employee collective agreement and make an agreement with the CFMEU.

Nesbit and the CFMEU have admitted contravening s.44(1) of the BCII Act for which the maximum penalties are $22,000 for Nesbit and $110,000 for the CFMEU.