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Radisich v CFMEU, CFMEUW and Molina


WA , Backgrounder 

Release date: 17 July 2009 

Allegations in the ABCC’s statement of claim
  • Australand Holdings Limited was the head contractor on the Coles-Myer Regional Distribution Centre construction project at Perth Airport (the site).
  • Southern Wire Pty Ltd was contracted by Australand to undertake supply and installation of external fencing in and around the site.
  • On 19 March 2008, at 10.30am, CFMEU organiser Walter Molina approached a number of Southern Wire employees at the site’s crib hut and asked if they were union members. Some of the employees replied that they were not union members. One employee stated that it was his right to choose whether or not to join a union.
  • Mr Molina told the Southern Wire employees that they could not work on the site unless they joined the union.
  • At 10.45am, the employees remained in the crib hut while Mr Molina telephoned Southern Wire’s Industrial Relations Manager. Mr Molina told the Industrial Relations Manager that the employees could not go back on to the site until they became union members and that he wanted a ‘union team’ to continue the job.
  • At 11.00am, Mr Molina called the Australand Site Manager and requested that he attend the crib hut. At the crib hut, Mr Molina raised issues with the Site Manager about the employees’ pay and personal protection equipment.
  • When one of the Southern Wire employees sought and was granted permission from the Site Manager to return to work, Mr Molina intervened and attempted to stop the employee from returning to work.
Alleged contraventions
  • The ABCC alleges that Mr Molina, the CFMEUW and the CFMEU contravened:
    • s.789(1)(a) of the Workplace Relations Act 1996 (WR Act) by taking action with intent to coerce Southern Wire employees to become members of an industrial  association; and
    • s.790(1)(a)(i) of the WR Act by making false or misleading representations about the obligation of Southern Wire employees to become members of an industrial association.
ABCC Prosecution
  • The ABCC filed proceedings in the Federal Magistrates Court in Perth on 15 July 2009. The first directions hearing has been scheduled for 3 August 2009
Penalties
  • The maximum penalties that may be imposed by the courts for each contravention of the WR Act are $6,600 for individuals and $33,000 for the union.