Director of the Fair Work Building Industry Inspectorate v CFMEU & Anor
Court file number: VID517/2014
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): CFMEU & Joseph Myles.
Date filed: 3 September 2014
Alleged breach: Coercion
- On 4 November 2015 the Federal Court imposed fines of $48,750 and $6,375 on the CFMEU and Mr Myles respectively.
- Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (The Mitcham Rail Case)  FCA 1173
FWBC has issued proceedings in the Federal Court of Australia against the Construction, Forestry, Mining and Energy Union (CFMEU) and Victorian CFMEU official Joseph Myles.
FWBC alleges the CFMEU and Mr Myles took or threatened to take action with the intention of coercing the head contractor at the $140 million Mitcham and Rooks Road Rail Separation Project (the Project) to engage a CFMEU delegate.
It is alleged that on 10 July 2013, Mr Myles met with the Project's General Manager and Superintendent, and said words to the effect: “the CFMEU wants representation on the Project.”
It is further alleged that on 1 August 2013, Mr Myles again met with the Project’s General Manager and Superintendent and said the CFMEU wanted representation on the Project site, putting forward two names and indicating that without union representation there would be "war." It is also alleged that Mr Myles said it would be easy for him to mobilise "100 guys" at the Project's site.
FWBC also alleges Mr Myles attended the site on 22 August 2013, in the company of several other persons in CFMEU clothing and directed, advised, counselled, encouraged, induced, incited or procured the employees of the subcontractors not to work at the Project site that day.
Media release: Media Release - CFMEU history paints a depressing picture (PDF 365KB) Media Release - CFMEU official Joseph Myles allegedly threatens to blockade site (PDF - 168K) Media Backgrounder - CFMEU official Joseph Myles allegedly threatens to blockade site (PDF - 225K)