ABCC v Jarvis, Carter, Temoho and CFMEU

Applicant: Australian Building and Construction Commissioner

Respondent(s): Tim Jarvis, Wayne Carter, Andrew Temoho and Construction Forestry Mining & Energy Union (CFMEU)

Date filed: 29 October 2010

Court Findings:

The Federal Magistrates Court found the CFMEU, Jarvis and Temoho contravened s38 of the Building and Construction Industry Improvement Act 2005 by engaging in unlawful industrial action at the Gold Coast University Hospital project in Brisbane on 26 November 2009.

Mr Carter, Mr Jarvis and Mr Temoho entered the site without notice, and held a mass meeting of workers employed at the site.  At the meeting the workers voted to stop work until 30 November 2009.

About 200 of those workers left the site and failed to perform rostered duties until 30 November 2009.

Court Outcomes:

The court imposed penalties of $36,300 on the CFMEU, $7260 on Mr Jarvis and $3300 on Mr Temoho. 

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