ABCC v CFMEU & Graauwmans

Applicant:  Australian Building Construction Commissioner

Respondent(s): Construction Forestry Mining & Energy Union (CFMEU) and Robert Graauwmans

Date filed: 30 June 2011

Court Findings:

The Federal Court of Australia found the CFMEU and Mr Graauwmans each contravened s38 of the BCII Act by the actions of Mr Graauwmans in taking unlawful industrial action at the Barwon Heads Bridge site in Victoria.

Mr Graauwmans held a meeting with employees at the site in July 2010.  As a result of encouragement of direction by Mr Graauwmans,  following that meeting the employees failed to perform any work on the project for the remainder of that day.

Court Outcome:

On 16 April 2012, the court imposed penalties of $30,000 on the CFMEU and $5000 on Mr Graauwmans.