Director of the Fair Work Building Industry Inspectorate v CFMEU & Anor
Court file number: SAD181/2013
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): CFMEU & Michael McDermott
Date filed: 11 July 2013
Alleged breach: Coercion
- Decision handed down 5 March 2014. Penalties totaling $17,820 paid by CFMEU ($16,500) and Michael McDermott ($1,320).
- Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union  FCA 160
FWBC alleged that the CFMEU and CFMEU SA Assistant Secretary Michael McDermott attempted to coerce BD Steel Fixing Pty Ltd (BDSF) to reinstate a former employee, who had been terminated due to a reduction in work.
BDSF was a subcontractor on the Harris Scarfe site in Adelaide.
FWBC alleged that Mr McDermott proposed that employees of BDSF go on strike in protest against the former employee losing his job. Mr McDermott then organised a vote in which the majority of BDSF employees agreed not to go back to work until the former employee got his job back.
FWBC alleged the CFMEU and Mr McDermott breached s355 of the Fair Work Act 2009.