Alfred v Wakelin, O'Connor, CFMEU, AWU and AWU (NSW) no 1

Alfred v Wakelin, O'Connor, CFMEU, AWU and AWU (NSW) No 1

Applicant: ABCC Inspector Gregory Alfred

Respondent(s): Robert Wakelin, Joseph O’Connor, CFMEU, AWU and AWU (NSW)

Date filed: 15 May 2007

Court Findings:

The Federal Court of Australia found the respondents contravened s38 of the BCII Act in respect of the unlawful industrial action at the Cowal gold mine at Lake Cowal, NSW from 15-17 October and on 10 November 2005.

The owner of the mine engaged a head contactor to carry out a construction project at the mine. The head contractor employed up to 300 workers on the site.

For three days from 15 to 17 October 2005, unlawful industrial action was allegedly engaged in by O'Connor, the AWU and AWU (NSW) over food and hygiene standards at the kitchen and mess at the camp.

On 10 November 2005 at 10.30am, workers attended an authorised stop work meeting. The meeting exceeded the authorised time and the head contractor instructed the employees to return to work. Despite this, the employees who had attended the meeting did not return to work until 6.30am on 11 November 2005. It was alleged that both the CFMEU and AWU were involved.

Court Outcome:

On 26 March 2009 Jagot J imposed the following penalties in respect of the contraventions:

Mr Joseph O'Connor: contravened s.38 of the BCII Act and ss.170MN and 178 WR Act.

October stoppage: $6,500; November stoppage: $2,500 - Total $9,000

AWU Federal: Contravened s.38 of the BCII Act and ss.170MN and 178 WR Act.

October stoppage: $20,000; November stoppage: $8,000 - Total $28,000

AWU - NSW: Contravened s.38 of the BCII Act.

October stoppage: $12,500; November stoppage: $5,500 - Total $18,000

Judgment No 1

Judgment No 2

Judgment No 3

Judgment No 4