ABBCC v Mitchell, Papaconstuntinos, Construction Forestry Mining & Energy Union (‘CFMEU’) & Construction Forestry Mining & Energy Union NSW (‘CFMEU NSW Branch’)

Applicant: ABCC

Respondent(s):  Mitchell, Papaconstuntinos, Construction Forestry Mining & Energy Union (CFMEU)  & Construction Forestry Mining & Energy Union  NSW (CFMEU NSW Branch)

Date filed: 30 March 2011

Court Findings:

The Federal Magistrates Court found that the CFMEU, its NSW Branch and CFMEU official Thomas Mitchell contravened s500 of the Fair Work Act for hindering and obstructing and acting in an improper manner after Mr Mitchell entered two Cavill Properties Pty Ltd building projects in Sydney.

On 17 June 2010, Mr Mitchell entered the sites and behaved in an improper manner by acting in an abusive manner towards managers employed by Cavill Properties Pty Ltd.

Court Outcome:

On 16 August 2011, Raphael FM imposed penalties $5000 on the CFMEU, $5000 on the CFMEU (NSW Branch) and $2500 on Mr Mitchell.  Mr Mitchell also agreed not to apply for a right of entry permit under the Fair Work Act 2009 for a period of twelve months from the date of the order. The application against the second respondent was withdrawn.