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Current Cases

Summaries of matters currently before the courts are listed below.

[NSW] [VIC] [QLD] [WA] [SA] [TAS] [ACT] [NT]

New South Wales

Case name	Alfred v CFMEU, CFMEU (NSW branch) & Manna (Under Appeal)
Status	Penalties were imposed on the CFMEU, CFMEU (NSW) and Mr Manna 20 October 2009. The Respondent's appeal was heard by the Full Bench on 13 August 2010. The decision was reserved and no further hearing date has been scheduled.
Decision date	20 October 2009, FMCA 1003 (PDF 287KB) Judgment on penalty 10 July 2009, FMCA 613 (PDF 2156KB) Judgment on liability
Court	Federal Court
Basis	Freedom of Association
Penalty	CFMEU $13,000 CFMEU (NSW branch) $13,000 Manna $2,600
Site	The Portico Plaza, Toongabbie

Case name	Darlaston v CFMEU, CFMEU (NSW), Parker, Hanlon, Kera and Mitchell
Status	A penalty hearing date has been set down for 11 October 2010.
Court	Federal Court, Sydney
Alleged Breach	Failure to comply with an OHS requirement, acting in an improper manner while exercising rights as permit holders.
Site	St Patrick’s Estate project, Manly, Sydney.

Victoria

Case name	Cahill v CFMEU and Mates (Under Appeal)
Status	On 17 June 2010 the CFMEU and Mr Mates applied for special leave to appeal the decision of the Full Federal Court of Australia in the High Court of Australia.
Decision date	18 May 2010, FCA 1040 (PDF 84KB), Judgment 16 September 2009, FCA 1040 (PDF 351KB), Judgment
Court	Federal
Breach	Coercion
Penalty	CFMEU $75,500 Mates $10,000
Site	Heidelberg

Case name	Cozadinos v CEPU and Mooney
Status	Directions were given on 16 July 2010 and a further directions hearing is scheduled for 15 October 2010.
Court	Federal Magistrates Court in Melbourne
Alleged Breach	Unlawful industrial action, Industrial action before expiry date of a collective agreement
Site	Tarago Water Treatment plant, West Gippsland, Victoria.

Case name	Cozadinos v CFMEU, Powell and Tadic
Status	Directions were given by the Court on 20 July 2010. A trial is scheduled for 31 January 2011.
Court	Federal Magistrates Court
Alleged Breach	Unlawful industrial action, Industrial action before expiry date of a collective agreement
Site	Eastlink Freeway, Springvale section.

Case name	Cozadinos v Christopher, CFMEU, Hudson, McLoughlin, Reardon and Washington
Status	Directions were given by the Court on 11 June 2010 and a further directions hearing is scheduled for 16 September 2010.
Court	Federal Court in Melbourne
Alleged Breach	Unlawful industrial action, failure to comply with an order of the AIRC, acting in an improper manner while exercising rights as a permit holder
Site	New Royal Children’s Hospital project, Myer, Montage and ANZ projects in Docklands, Victoria

Case name	Gregor v Berardi and CFMEU
Status	Trial scheduled to commence on 12 and 13 October 2010.
Court	Federal Magistrates Court
Alleged Breach	Unlawful industrial action
Site	Student apartments at Queens Avenue, Hawthorn

Case name	Gregor v CFMEU and Travers
Status	Matter listed for penalty hearing on 20 October 2010.
Court	Federal Magistrates’ Court in Melbourne
Alleged Breach	Acting in an improper manner while exercising rights as a permit holder
Site	Tullamarine Airport Multilevel Car Park construction project

Case name	Gregor v Setka
Status	The trial was heard on Wednesday 23 June 2010. The decision has been reserved.
Court	Federal Magistrates Court in Melbourne
Alleged Breach	Improper conduct
Site	ANZ Building, North Wharf Rd, Docklands

Case name	Helal v Brookfield Multiplex Constructions Pty Ltd, CFMEU & Mates
Status	Directions were given on 23 July 2010. A further directions hearing is to be scheduled after 14 September 2010.
Court	Federal Court in Melbourne
Alleged Breach	Coercion, unlawful industrial action, demand strike pay
Site	Southbank One project

Case name	Helal v McConnell Dowell Constructors (Aust) Pty Ltd
Status	A first directions hearing is scheduled for 1 October 2010.
Court	Federal Court of Australia
Alleged Breach	The ABCC alleges MCD contravened s.45(1) of the BCII Act by discriminating against Hanlon Industries Pty Ltd in relation to an industrial agreement.
Site	Corio Quay North Number 4 Ship Loader project in Geelong, Victoria.

Case name	Heyman v CFMEU, Washington, Hudson and Spernovasilis
Status	Directions were given on 16 July 2010 and a further directions hearing is scheduled for 14 October 2010.
Court	Federal Magistrates Court, Melbourne
Alleged Breach	Unlawful industrial action.
Site	Royal Children's Hospital, Parkville.

Case name	Lukies v Doyle & CFMEU
Status	The next directions hearing has been scheduled for 17 September 2010.
Court	Federal Magistrates Court
Alleged Breach	Failure to hold a permit required for OHS entry, misrepresentation of right to enter a site
Site	Woolworths complex, Beaconsfield.

Case name	Mortimore v CFMEU
Status	On 20 May 2010 Justice Tracey in the Federal Court made interim injunction orders against the CFMEU. On 24 May 2010 the orders were extended until hearing and determination of the proceeding. A further directions hearing is listed for 3 September 2010.
Court	Federal Court
Alleged Breach	Coercion
Site	Wholesale Market, Epping.

Case name	Mortimore v CFMEU, Christopher, Hudson, Reardon, Setka, Spernovasilis and Washington
Status	Directions were given on 11 June 2010. A further directions hearing has been scheduled for 16 September 2010.
Court	Federal Court
Alleged Breach	Unlawful industrial action, coercion
Site	New Royal Children's Hospital, Olsen site in South Yarra and the Myer, Robin and Merchant sites at Docklands, Victoria.

Case name	Shepherd v CFMEU and Bell
Status	The matter is currently not listed for trial.
Court	Federal Court
Alleged Breach	Coercion, discrimination
Site	Epsom Village Centre, Epsom, Victoria

Case name	Stuart-Mahoney v CFMEU & Deans (Under Appeal)
Status	The appeal was heard by Ryan J on 15 February 2010. The decision was reserved.
Decision Date	27 October 2008, FMCA 1435 (PDF 38KB), Decision
Court	Federal Magistrates Court
Breach	Freedom of Assocation
Penalty	CFMEU $49,550 Deans $12,000 ($6,000 suspended) CFMEU ordered to pay $190.74 compensation to carpenter for wages lost
Site	CSL Parkville

Case name	White v CFMEU, Benstead and Beattie
Status	A penalty hearing will be set down by the court on a date to be fixed.
Court	Federal Magistrates Court
Alleged Breach	Acting in an improper manner while seeking to exercise rights as a permit holder.
Site	Preston Pump Station, Reservoir, Victoria

Case name	White v CFMEU, Edwards, Graauwmans, Hill, Long, Murphy, Powell, Reardon, Stephenson & Tadic
Status	On 9 August 2010 the Court dismissed the Respondents' application to strike out part of the Applicant's Statement of Claim. On 15 September Gray J sitting as a member of the Full Court will hear the Respondents' application for leave to appeal the decision of 9 August 2010. In the mean time a directions hearing is scheduled for 8 October 2010.
Court	Federal Court
Alleged Breach	Unlawful industrial action, coercion
Site	Various sites in Victoria

Case name	White v CFMEU & McLoughlin
Status	The Respondent's have admitted contraventions of the BCII Act and a hearing on costs and penalty was held on 20 July 2010. The decision has been reserved.
Court	Federal Court
Alleged Breach	Unlawful industrial action
Site	Alto Apartments, St Kilda Rd, Melbourne

Case name	White v Powell
Status	Directions were given by the court on 27 July 2010. No further hearing has been scheduled at this time.
Court	Federal Magistrates Court of Australia
Alleged Breach	Intentionally hindering or obstructing, or otherwise acting in an improper manner while exercising his rights as a permit holder.
Site	Monash Freeway upgrade in Chadstone, Victoria

Case name	Wotherspoon v CFMEU, CEPU, Spernovasilis, Gray, Christopher, McLoughlin & Hudson
Status	No hearing date has been scheduled at this time.
Court	Federal Court
Alleged Breach	Unlawful industrial action
Site	Royal Children's Hospital, Parkville, ANZ, Myer and Montage sites, Docklands

Case name	Wotherspoon v CFMEU and Stephenson
Status	Directions were given on 11 June 2010 and the trial is scheduled for 14 September 2010.
Court	Federal Court in Melbourne
Alleged Breach	Unlawful industrial action, coercion, discrimination
Site	Berwick-Cranbourne Road, Victoria

Case name	Wotherspoon v CFMEU, Reardon and Hudson
Status	The Respondent’s have admitted to contravening section 38 of the BCII Act and a penalty hearing is scheduled for 11 October 2010.
Court	Federal Magistrates Court
Alleged Breach	Unlawful industrial action, breach of agreement
Site	WEHI, Parkville (Melbourne)

Queensland

Case name	Dux v Bradley & AMWU
Status	Awaiting notification from Court for reasons of decision.
Court	Federal Magistrates Court, Brisbane
Alleged Breach	Unlawful industrial action, industrial action taken before the nominal expiry date of a collective agreement
Site	Darling Downs Power Station, Dalby, Queensland

Case name	Lovewell v BLF & Pearson
Status	A further directions hearing has been scheduled on 23 September 2010.
Court	Federal Magistrates Court, Brisbane
Alleged Breach	Acting in an improper manner while attempting to exercise rights as a permit holder.
Site	River Point Apartments project, 55 Forbes Street, West End, Queensland.

Western Australia

Case name	Australian Building and Construction Commissioner v Abbott & Ors
Status	Directions were given on 6 July 2010 and the trial has been provisionally listed from 21 March 2011 to 1 April 2011.
Court	Federal Court, Perth
Alleged Breach	Unlawful industrial action
Site	North West Shelf LNG Plant

Case name	Australian Building and Construction Commissioner v CFMEU and McDonald
Status	A first directions hearing has been scheduled on 8 October 2010.
Court	Federal Court
Alleged Breach	Unlawful industrial action and coercion to make an agreement
Site	140 William Street, Perth

Case name	Australian Building and Construction Commissioner v CFMEU, McDonald & Buchan
Status	Listed for mediation on Wednesday 21 July 2010.
Court	Federal Court, Perth
Alleged Breach	Unlawful industrial action
Site	Hay St, Perth

Case name	ABCC v CFMEU, CFMEUW and McDonald
Status	The penalty hearing scheduled for 10 August 2010 was vacated. A further penalty hearing has not been scheduled at this time.
Court	Federal Court, Perth
Alleged Breach	Unlawful industrial action
Site	City Square, 125 St Georges Terrace, Perth.

Case name	Radisich v CFMEU, CFMEUW & McDonald
Status	Closing arguments heard before Lucev FM on 22 April 2010. Lucev FM reserved his judgment on 22 April 2010.
Court	Federal Magistrates Court in Perth
Alleged Breach	Unlawful industrial action
Site	'The Peninsula Project', Burswood, Western Australia

Case name	Radisich v CFMEU, CFMEUW & McDonald (Pluto)
Status	The CFMEU's application for leave to appeal from Gilmour J decision to strike out part of its defences will be heard on 3 September 2010.
Court	Federal Court in Perth
Alleged Breach	Unlawful industrial action
Site	Woodside Pluto LNG processing plant, Karratha

Case name	Radisich v CFMEU, CFMEUW and Molina
Status	Lucev FM reserved judgment on 3 December 2009.
Court	Federal Magistrates Court in Perth
Alleged Breach	Freedom of association, coercion
Site	Coles-Myer Distribution centre construction project at Perth Aiport

Case name	Radisich v McDonald and CFMEU
Status	A further directions hearing has been scheduled for 1 November 2010.
Court	Federal Magistrates Court
Alleged Breach	False or misleading representations about membership, Unlawful undustrial action, threat of action and coercion
Site	71 Walters Drive, Herdsman, Western Australia (Herdsman Business Park)

South Australia

Case name	Flynn v CFMEU and Feehan
Status	Penalty hearing took place on 13 April 2010. The decision was reserved.
Court	Federal Magistrates' Court in Adelaide
Alleged Breach	Unlawful industrial action
Site	Flinders University, Bedford Park

Case name	Mathers v CFMEU & Feehan
Status	A submission on penalty was heard on 13 April 2010. The decision was reserved.
Court	Federal Magistrates Court in Adelaide
Alleged Breach	Industrial Action
Site	Hindmarsh Square, Adelaide

Tasmania

No cases currently before the courts

Australian Capital Territory

Case name	Hogan v Riley, Clark, Byatt & Iqon Pty Ltd
Status	The matter has been relisted for hearing in the Federal Magistrates Court for the determination of liability and penalty on 31 August 2010.
Decision date	1 April 2010, Judgment - FCAFC 30 (PDF 158KB), Judgment 10 July 2009, CAG 57 (PDF 11KB), Order
Court	Federal Magistrates Court, Canberra
Alleged Breach	Hinder or obstruct permit holder
Penalty	-
Site	National Convention Centre, Canberra

Northern Territory

No cases currently before the courts.