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Stuart v AWU, Lee, CEPU, Mooney, AMWU & Dodd


VIC , Backgrounder 

Release date: 1 October 2008 

Background

As alleged in the ABCC’s statement of claim

  • Australian Paper Pty Limited owns and operates the Maryvale Paper Mill facility in Morwell, Victoria (the Morwell site). Australian Paper is undertaking a large expansion project involving various building and construction works known as the Pulp Mill Project (PMP).
  • On 23 October 2007, a meeting between Australian Paper representatives and organisers from the Australian Workers Union (AWU), Communications Electrical Plumbing Union, (CEPU), Australian Manufacturing Workers Union (AMWU) and the Construction Forestry Mining Energy Union (CFMEU) was held at the Morwell PMP site. At the meeting, Australian Paper representatives discussed the financial status of Australian Paper, the importance of the project to the unions and issues that needed to be cooperated on for the successful completion of the PMP.
  • AWU Organiser, Terry Lee made a booking for Gippsland Soccer League Club’s hall in Morwell to be available on 25 October 2007 between 11am and 1pm. An invoice for this booking was sent to the AMWU at the request of Mr Lee.
  • On 25 October 2007, employees of five PMP contractors left the Morwell site between 10.20am and 11.30am without the authorisation of their respective employers. The employees attended a mass meeting at the Gippsland Soccer League Club’s hall in Morwell. The employees did not return to work that day.
  • On that afternoon, CEPU Organiser Peter Mooney arranged a meeting with Australian Paper representatives. Peter Mooney attended that meeting along with AWU Organiser Terry Lee and AMWU Organiser Steven Dodd.
  • At this meeting, the union organisers informed Australian Paper that a mass meeting of the employees had taken place that morning. The meeting of workers and the CEPU, AWU and AMWU organisers was held to discuss issues relating to the project. Resolutions were passed at the meeting and provided to Australian Paper.
Alleged contraventions
  • Whilst acting in their capacity as officers of their respective unions, it is alleged that on 25 October 2007 Terry Lee, Peter Mooney and Steven Dodd:
    • contravened s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by:
    • i. aiding, abetting, counselling or procuring unlawful industrial action; or
    • ii. being knowingly concerned in unlawful industrial action;
    • contravened s.494(1) of the Workplace Relations Act 1996 (WR Act) because whilst bound by a collective agreement which had not passed its nominal expiry date by:
    • i. aiding, abetting, counselling or procuring industrial action; or
    • ii. being knowingly concerned in industrial action.
  • Through the conduct of their union organisers, it is alleged that on 25 October 2007, the AWU, the CEPU and the AMWU:
    • contravened s.38 of the BCII Act by engaging in unlawful industrial action; and • contravened s.494(1) of the WR Act by engaging in industrial action whilst bound by a collective agreement which had not passed its nominal expiry date.
ABCC proceedings
  • The ABCC filed proceedings in the Federal Magistrates’ Court at Melbourne on 26 September 2008. The first directions hearing is scheduled for 30 October 2008.
Maximum penalties
  • The maximum penalties for a breach of s.38 of the BCII Act are $22,000 for an individual and $110,000 for an organisation. The maximum penalties for a breach of s.494 of the WR Act are $6,600 for an individual and $33,000 for an organisation.