Carr v Australian Manufacturing Workers Union (AMWU), Ale Mulipola, Fergal Eiffe, Ian Thomas and Steve Mansour

Applicant: ABCC Inspector Dennis Carr

Respondent(s): AMWU, Ale Mulipola, Fergal Eiffe, Ian Thomas and Steve Mansour

Date filed: 23 July 2004

Court Findings:

The Federal Court of Australia found the respondents contravened s170NC of the Workplace Relations Act 1996 by coercing a subcontractor, Engineering Directions, to make a certified agreement with the AMWU whilst the contractor was working at two construction sites in Melbourne, Vic in 2003.

The coercive conduct took place in June 2003 at two building sites at the corner of Queensberry and Swanston Streets, Carlton and the corner of Victoria Parade and Powlett Street, East Melbourne.

Four AMWU organisers, Ale Mulipola, Fergal Eiffe, Ian Thomas and Steve Mansour engaged in various conduct on the sites with intent to coerce a contractor to make a certified agreement with the AMWU. 

Court Outcome:

Finkelstein, J imposed penalties of $25,000 on the AMWU and imposed penalties of $1,000 on Mr Mulipola, $600 on Mr Eiffe, $400 on Mr Thomas  and $400 on Mr Mansour respectively.  His Honour ordered that $20,000 of the penalty be paid to the victim company, Engineering Directions, as compensation for its losses.

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FCA/2005/1802.html