Case name: Carr v AMWU, Mulipola, Eiffe, Thomas and Mansour
Claim Number: VID 916 of 2004
Applicant: Dennis Carr, ABCC
Respondents: AMWU, Ale Mulipola, Fergal Eiffe, Ian Thomas and Steve Mansour
Date Filed: 23 July 2004
Status: Penalty imposed 4 November 2005 AMWU penalised $25,000, Ale Mulipola $1,000, Fergal Eiffe $600, Ian Thomas $400 and Steve Mansour $400 for coercion.
The Federal Court penalised the AMWU $25,000 and union organisers Ale Mulipola, Fergal Eiffe, Ian Thomas, and Steve Mansour $1,000, $600, $400 and $400 respectively for coercing a subcontractor, Engineering Directions, to make a certified agreement with the AMWU.
These actions contravene section 170NC of the Workplace Relations Act 1996. Finkelstein J ordered that $20,000 of the penalty be paid to the victim company, Engineering Directions, as compensation for its losses.
Background
In June 2003, the AMWU and four AMWU organisers, Ale Mulipola, Fergal Eiffe, Ian Thomas and Steve Mansour engaged in various acts on two construction sites with intent to coerce a contractor to make a certified agreement with the AMWU.
The coercive conduct took place in June 2003 at two building sites at the corner of Queensberry and Swanston Streets, Carlton and the corner of Victoria Parade and Powlett Street, East Melbourne.
Related Documents
Copy of decision: Carr v AMWU and Ors (PDF - 26KB)