Cozadinos v CFMEU, Powell and Tadic

Applicant: ABCC Inspector Michelle Cozadinos

Respondent(s): CFMEU, Michael Powell and Alex Tadic

Date filed: 22 January 2010

Court Findings:

The Federal Magistrates Court at Melbourne found the respondents engaged in unlawful industrial action on the Eastlink project in Melbourne during late January and early February 2008 when a series of stoppages were allegedly instigated by CFMEU organisers Michael Powell and Alex Tadic.

The Eastlink Freeway now completed and operational, was the largest metropolitan infrastructure project in Australia during its construction.

The project was managed by Thiess John Holland and completed eight months ahead of the programmed finish date.

The stoppages were allegedly in breach of the agreements entered into for the project, which required continual work on all critical stages, and adherence to dispute resolution processes.

The ABCC alleged the CFMEU, Mr Powell and Mr Tadic engaged in unlawful industrial action and took industrial action before the nominal expiry date of a collective agreement.

Court Outcome:

Federal Magistrate Reithmuller imposed penalties of $30,000 on the First Respondent for contravening section 38 of the Building and Construction Industry Improvement Act 2005 by its conduct in counselling or encouraging stoppages of building work at the Springvale section of the Eastlink Freeway Project on 31 January and 1 February 2008; a penalty of $5,000 was imposed on the Second Respondent for contravening section 38 of the Building and Construction Industry Improvement Act 2005 by his conduct in counselling or encouraging stoppages of building work at the Springvale section of the Eastlink Freeway Project on 31 January and 1 February 2008 and a penalty of $2,500 was imposed on the Third Respondent for contravening section 38 of the Building and Construction Industry Improvement Act 2005 by his conduct in counselling or encouraging stoppages of building work at the Springvale section of the Eastlink Freeway Project on 31 January and 1 February 2008.