Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Ors
Court file number: SAD248/2014
Applicant: Australian Building and Construction Commissioner
Respondent(s): CFMEU, Michael McDermott, Aaron Cartledge.
Date filed: 8 October 2014
Alleged breach: Coercion
- The trial was held for six days commencing on 27 July 2015. A decision regarding liability was handed down on 31 May 2016. The Court found contraventions of s343(1) of the Fair Work Act against all respondents.
- Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2)  FCA 607
- Penalty hearing held on 26 July 2016. On 19 January 2017 the Federal Court handed down penalties totalling $57,500 on the respondents.
- Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 3)  FCA 10
FWBC has launched proceedings in the Federal Court against the CFMEU, its SA Secretary Aaron Cartledge and Assistant Secretary Michael McDermott for allegedly threatening to take industrial action at the new Royal Adelaide Hospital project.
FWBC alleges as follows:
On 22 November 2013, Mr Cartledge and Mr McDermott attended a meeting at the Project organised by Safework SA.
During the meeting, Mr Cartledge and Mr McDermott threatened to organise industrial action at the Project, if the Head Contractor sought to enforce a Fair Work Commission order from September 2013 that required employees on the Project to not take industrial action.
During the meeting it is alleged that Mr McDermott threatened “if you try anything there will be Armageddon”. It is alleged Mr Cartledge threatened “all hell will break loose and we will take this national” if the Head Contractor took steps to enforce the order.
On 31 May 2016 the Court found all respondents had contravened s343(1) of the Fair Work Act by threatening to organise action against the head contractor with the intent to coerce the head contractor to not exercise a workplace right.
*As at the time of filing