Yesterday, the Full Court of the Federal Court upheld an ABCC appeal [FCAFC 179]. The Full Court found that the CFMEU contravened the pre-reform Workplace Relations Act 1996 by making a claim for strike pay and organising and taking industrial action with the intent to coerce Multiplex to make the strike payments.
Acting ABC Commissioner Ross Dalgleish welcomed the decision.
“The Full Court ruling confirmed that coercing an employer to pay strike pay is unlawful and should be penalised.”
This proceeding was initiated by the Building Industry Taskforce and continued by the ABCC.
On 1 August 2003, a fatality occurred on a farm in Shepparton, nearly 200 kilometres from the Melbourne CBD. Several days later, there was a spate of industrial action across building sites in Melbourne CBD.
The union policy at the time was to stop work while the safety committee conducted safety audits on all building sites after a serious accident. This conduct is no longer union policy.
On 5 and 6 August 2003, a CFMEU shop steward, Grant Thorson organised unlawful industrial action on the Concept Blue site. Mr Thorson organised the industrial action with the intent to coerce Multiplex Limited to pay its employees strike pay for industrial action on those days.