Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining & Energy Union & Ors
Court file number: PEG167/2009
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): CFMEU, CFMEUW & Joseph McDonald
Date filed: 11 September 2009
Alleged breach: Industrial action
- On 4 September 2013, FM Lucev ordered that the CFMEU and the CFMEUW each pay penalties of $3,300. CFMEUW representative, Mr Joseph McDonald, was ordered to pay a penalty of $660.
- Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union & Ors (No.2)  FCCA 1255 (4 September 2013)
Mirvac Constructions (WA) Pty Ltd was engaged to undertake building work at ‘The Peninsula Project’ in Burswood, Western Australia.
FWBC alleges on 12 September 2008 CFMEU and CFMEUW representative, Mr Joseph McDonald attended The Peninsula Project and attended and addressed a meeting of Mirvac employees and employees of building contractors at the site. At the conclusion of the meeting, it is alleged that approximately 100 workers left the site and failed to perform work that they were engaged to perform for the remainder of the day.
FWBC alleges the CFMEU, CFMEUW and Mr McDonald contravened the unlawful industrial action provisions of the Building and Construction Industry Improvement Act 2005 (BCII Act) and the Workplace Relations Act 1996 (WR Act). The matter was heard before Lucev FM on 2-5 and 9 March 2010. Closing arguments were heard on 22 April 2010.
On 26 October 2012, Lucev FM dismissed the BCII Act contravention but found the WR Act contravention was proven.
The Respondents lodged an Appeal in relation to finding that they contravened s.494(1) of the WR Act. The Appeal was dismissed on 14 May 2013.
Media release: Radisich v CFMEU, CFMEUW and McDonald (PDF - 29KB)