ABCC v CFMEU, CEPU, Spernovasilis, Gray, Christopher, McLoughlin and Hudson

Applicant: ABCC

Respondent(s): Construction Mining Forestry & Energy Union (CFMEU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Workers Union (CEPU), Elias Spernovasilis, Troy Gray, Derek Christopher, Adrian McLoughlin & Matt Hudson

Date filed: 12 November 2008

Court Findings:

The Federal Court of Australia found that the CFMEU, the CEPU and various officials contravened s38 of the Building and Construction Industry Improvement Act 2005 (‘BCII Act’) by engaging in unlawful industrial action on three separate days in 2008.

The CFMEU and the CEPU were protesting against the introduction of the ‘Blue Glue’ security system across Bovis Lend Lease sites in the Melbourne CBD, namely the  Royal Children’s Hospital Project, the ANZ Project, the Myer Project and the Montage Project (‘the sites’).

The CFMEU and its officials admitting contravening s38 of the BCII Act on 23 May 2008, 14 August 2008 and 28 August 2008.

The CEPU and its official Gray admitting contravening s38 of the BCII Act on 23 May 2008 and 28 August 2008.

Court Outcome:

Jessup J handed down penalties on 3 March 2011 totalling $110,000 for the conduct, comprising the following total penalties for the unions and their officials:

  • CFMEU $48,250

  • Spernovasilis $5,000

  • Christopher $4,500

  • McLoughlin $8,500

  • Hudson $2,500

  • CEPU $36,250

  • Gray $5,000

 

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FCA/2011/158.html