Carr v Communications, Electrical Plumbing Union (CEPU) and Kevin Harkins

Applicant: ABCC Inspector Dennis Carr

Respondent(s): CEPU, Kevin Harkins

Date filed: 19 July 2007

Court Findings:

On 4 July 2007 the Federal Magistrates Court found the CEPU and Kevin Harkins contravened s.38 of the Building and Construction Industry Improvement Act 2005 (Cth) in relation to a snap strike of Tasmanian electrical workers on 14 December 2005 when 81 employees of electrical contractors failed to attend for work.

Mr Harkins had presided over a meeting at which the vote was taken for workers to withdraw their labour. Mr Harkins also addressed a rally on the day of the strike.

Court Outcome:

The Court imposed penalties of $11,000 and declarations against the CEPU for one contravention of s.38 BCII Act and $8,800 and declarations against Harkins for one contravention of s. 38 BCII Act.