The Communications, Electrical, Electronic, Energy, Information, Plumbing and Allied Services Union of Australia (CEPU) is seeking to negotiate a union collective agreement with a number of electrical contractors in Queensland. The employers are represented in the negotiations by the National Electrical Contractors Association (NECA). Craig McKenzie is the President of the Queensland chapter of NECA and the General Manager of Stowe Australia Pty Ltd’s Queensland operations.
On 9 April 2009 the CEPU applied to the Federal Court for declarations and penalties under s.44 BCII Act, alleging that the respondents have coerced or unduly pressured the union to make a collective agreement with electrical contractors in Queensland. The union is claiming that the respondents’ action in offering employee collective agreements to employees of electrical contractors were designed to put unlawful pressure on the union’s negotiating position.
The matter was the subject of a directions hearing before Perram J on 8 May 2009. The Court set a timetable for particulars and pleadings. The matter was discontinued on 23 November 2009.