The Federal Court today found the CFMEU contravened s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by engaging in unlawful industrial action at a construction site in Bundoora, Victoria.
Justice Marshall found that CFMEU officials, Mr Robert Mates and Mr Danny Berardi, who attended the site on 20 October 2005 imposed a ban on earthworks and site amenities works at the site. He found these bans continued until 21 October 2005.
It was also alleged that demands by CFMEU officials on 21 and 24 October 2005 that the site operate in accordance with a mixed metals agreement and that there be shop stewards on site amounted to coercive conduct in contravention of s.43 of the BCII Act. His Honour decided that the conduct of those officials did not contravene s.43 of the BCII Act.
A directions hearing will be held on 19 December 2008 for the purposes of programming the filing of material to deal with the issues of penalties and costs.