ABCC v CFMEU and Reardon

Applicant: Australian Building Construction Commissioner

Respondent(s): Construction Mining Forestry & Energy Union (CFMEU), Shaun Reardon

Date filed: 4 November 2010

Court Finding:

The Federal Court of Australia found the CFMEU contravened s38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) for the actions of its organiser Shaun Riordan in directing the employees at the Caroline Springs Square Shopping Centre Complex to take industrial action over the implementation of the ‘Blue Glue’ security system on a Bovis Lend Lease site.

The CFMEU admitted to contravening s38 of the BCII Act by the actions of its organiser (Riordan) by directing over fifty employees of subcontractors at the Caroline Springs site to go on strike for three days over the Blue Glue dispute.

Court outcome:

On 6 March 2012 Bromberg J imposed a $50,000 penalty on the CFMEU. No orders were sought against the second respondent.

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FCA/2012/189.html