Director of the Fair Work Building Industry Inspectorate v CFMEU and Ors
Court file number: VID321/2012
Applicant: Director, Fair Work Building Industry Inspectorate
Respondent(s): CFMEU, Bill Oliver, Elias Spernovasilis, Shaun Reardon, Derek Christopher, Billy Beattie, Theo Theodorou
Date filed: 23 April 2012
Alleged breach: Coercion
- On 4 December 2015 a majority of the Full Court declared that all respondents had engaged in unlawful industrial action.
- Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union  FCAFC 170 (4 December 2015)
- On 1 July 2016 the Federal Court imposed penalties totalling $178,450 against the respondents.
- Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Yarra's Edge Case)  FCA 772 (1 July 2016)
The Director of the Fair Work Building Industry Inspectorate filed proceedings against the CFMEU and six of its representatives alleging they prevented the erection of a tower crane at the Yarra Edge Tower 8 building at Docklands over a period of eight days.
At various times between 17 February and 25 February 2011, the CFMEU and its representatives prevented the delivery and construction of a tower crane on the site because of a dispute between the CFMEU and Grocon Constructors (Victoria) Pty Ltd.
The unlawful industrial action was taken with intent to coerce Mirvac Constructions and Grocon Constructors to:
- run the tower crane activities with a four man crew, thereby employing an additional worker on the tower crane crew, and/or
- not allocate or designate the employee representative responsibilities on the Site to the Grocon “roving representatives".
Media release: Director of the Fair Work Building Industry Inspectorate v CFMEU and Ors Backgrounder (PDF - 43KB) CFMEU penalised $178,450 for Grocon picket - union's record of non-compliance 'an embarrassment' (PDF - 32KB)