Director of the Fair Work Building Industry Inspectorate v Construction Forestry Mining And Energy Union
Court file number: VID253/2012
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): CFMEU, Bill Beattie
Date filed: 21 March 2012
Alleged breach: Industrial action
- On 3 October 2011, Jessup J ordered the CFMEU to pay a penalty of $12,500 for contravening section 417 of the Fair Work Act 2009 (FW Act). Mr Beattie was ordered to pay a penalty of $2,500 for his conduct in organising the industrial action.
Director of the Fair Work Building Industry Inspectorate v CFMEU  FCA 981
FWBC issued proceedings against the CFMEU in which it alleged the CFMEU and its official contravened section 38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by engaging in unlawful industrial action and section 417 of the FW Act by organising or engaging in industrial action before the nominal expiry date of an enterprise agreement.
It was alleged that on 8 July 2010, two employees of Glenn Industries Pty Ltd (GI) were working on a three-storey building at the Florey Neuroscience Institute within the Austin Hospital complex in Heidelberg, Victoria.
It was alleged that CFMEU official Bill Beattie directed the two employees to stop working, which they did. Further, it was alleged that on 9 July 2010, Mr Beattie conducted a meeting with the two employees at the site and told them not to return to work.
On 13 July, Mr Beattie and other CFMEU officials allegedly met with representatives of GI and Brookfield Multiplex Pty Ltd (Multiplex). The GI representatives agreed to the CFMEU’s demand that the GI employees’ rates of pay be increased to those contained in agreements negotiated with the Victorian branch of the CFMEU.