Cozadinos v Construction, Forestry, Mining and Energy Union (CFMEU) and Nick Salta

Cozadinos v Construction, Forestry, Mining and Energy Union (CFMEU) and Nick Salta

Applicant: ABCC Inspector Michelle Cozadinos

Respondent(s): CFMEU, Nick Salta

Date filed: 5 May 2009

Court Findings:

The Federal Magistrates Court found the CFMEU and Mr Salta contravened s. 790 (1)(c) of the Workplace Relations Act 1996 (WR Act). Mr Salta, an OH& S representative of the CFMEU told two employees on the Westfield Doncaster Shoppingtown Project in Doncaster, Victoria they had to be members of the CFMEU before they could use site amenities.

On 12 March 2008 two employees of the shop-fitting subcontractor arrived at the project to commence work.

At the conclusion of their site induction the two employees were introduced to Mr Nick Salta. Mr Salta was the OH&S representative of the CFMEU on the site.

Mr Salta told the two employees they had to become members of the CFMEU before they could use the site amenities, including the rest area and the toilets. Mr Salta also told the two employees that they would receive a higher rate of pay if they joined the CFMEU.

Court Outcome:

On 22nd February Federal Magistrates Burchardt imposed penalties of $6,000 on the CFMEU and a penalty of $1,000 on Mr Salta.