Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Anor
Court file number: VID620/2015
Applicant: Australian Building and Construction Commissioner
Respondent(s): Nick Karamitos and CFMEU
Date filed: 1 October 2015
Alleged breach: Adverse action
- A liability hearing was held over four days commencing 19 September 2016 with final submissions heard on 7 October.
- The application was dismissed on 19 January 2017.
FWBC filed proceedings in the Federal Court against the CFMEU and its officer Nick Karamitos for allegedly taking adverse action against two employees of a rope-access sealing company because their CFMEU membership fees were overdue and the employer did not possess the ‘right’ enterprise agreement with the CFMEU.
FWBC alleges as follows
After arriving on the Melbourne CBD construction site, the two workers were told by Mr Karamitos “your CFMEU dues are out of date by one month and you won’t be starting on site until you pay up”. The workers responded that they had stopped paying their CFMEU dues after Victorian CFMEU branch President Ralph Edwards refused to meet or speak with their company about negotiating an enterprise agreement.
Mr Karamitos told the director of the head contractor that the sealing company “don’t have an EBA. Well they have an EBA, but not the right EBA so I can’t let them on”.
As a result of the actions of Mr Karamitos and the CFMEU, the company was not able to perform any work at the site nor receive any payment pursuant their contract.
FWBC alleges that through the above actions of Mr Karamitos, that he and the CFMEU took adverse action against the sealing company in contravention of the Fair Work Act.
For more information please view the document(s) attached below.
Media release: Media Backgrounder - CFMEU safety rep refuses site access to company without the ‘right’ union agreement (PDF 440KB) Media release - CFMEU safety rep refuses site access to company without the ‘right’ union agreement (PDF 361KB)