Director of the Fair Work Building Industry Inspectorate v CFMEU & Anor
Court file number: VID310/2014
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): CFMEU and Ralph Edwards
Date filed: 5 June 2014
Alleged breach: Coercion
- The Federal Court has penalised the CFMEU $210,000 and Mr Edwards $35,000. Penalties totalling $147,000 were paid by the respondents on 2 February 2016 and $98,000 in penalties were stayed in accordance with the orders of the court.
- Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Red & Blue Case)  FCA 1125
- Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2)  FCA 1462
FWBC has launched proceedings against the CFMEU and its Victorian Construction and General Branch President Ralph Edwards in the Federal Court of Australia. FWBC alleges the CFMEU and Edwards took coercive and adverse action against Red & Blue Scaffolding (Aust) Pty Ltd by demanding it employ a CFMEU-nominated shop steward.
FWBC further alleges on 22 June, 2013, a CFMEU shop steward told an employee of the scaffolding company at a site in Maribyrnong, Victoria, words to the effect: “Until I’ve been told otherwise by Ralph [Edwards] or my own supervisor, Red & Blue don’t have permission to come onto site and aren’t allowed to remove any of its gear from the site.”
FWBC alleges that on 17 July, 2013, a CFMEU shop steward told employees of the scaffolding company at a building site in South Yarra, Victoria, words to the effect: “I can’t let you onsite. There’s an issue between Red & Blue and Ralph.” “My hands are tied. I’ve been told by my superior that I can’t let Red & Blue onsite unless you sort it out. So get your boss, put him in a car and take him to the union office and you need to speak to Ralph.”
FWBC alleges Ralph Edwards organised, advised, incited and or encouraged the shop stewards to engage in the unlawful action above.
Media release: Media Release - CFMEU’s Victorian president Ralph Edwards facing court media release (PDF - 207K) Media Backgrounder - CFMEU Victorian president Ralph Edwards facing court over shop steward demands (PDF - 276K) Media Release - CFMEU and President penalised $245,000