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CFMEU engaged in secondary boycott – Federal Court


NSW , Statement 

Release date: 13 July 2007 

In the Federal Court at Sydney, Justice Gyles found the CFMEU and three officials guilty of secondary boycott offences.

Justice Gyles ruled:

  • The Federal and NSW CFMEU breached s.45D of the Trade Practices Act 1974 and s.170NC of the Workplace Relations Act 1996 (WR Act) and also induced a breach of the contract between a subcontractor and head contractor.
  • CFMEU official Michael Lane breached s.45D of the Trade Practices Act 1974 and s.170NC of the WR Act. He also induced a breach of the contract between a subcontractor and head contractor.
  • CFMEU officials Peter Primmer and David Kelly breached s.45D of the Trade Practices Act 1974 and induced a breach of the contract between a subcontractor and head contractor.

The Judge reserved his decision on penalty and damages.

As part of his decision, Justice Gyles said: “There could not be a clearer case than this of interference with contractual relations … the intention of the officials of the Union was to ensure that the contract was terminated and that Silvestri P/L did not return to the site”