Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union & Ors
Court file number: QUD126/2011, QUD110/2011 and QUD79/2011
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): CFMEU, CEPU, Kane Pearson, Scott Vink, O’Doherty, David Hanna, Tim Jarvis, Adam Olsen & Beau Malone
Date filed: 6 June 2011
Alleged breach: Industrial action
- On 19 October 2012, the Federal Court ordered the CFMEU, CFMEUQ and the Communications, Electrical and Plumbing Union (CEPU) to pay $550,000 to Lend Lease Project Management & Construction (Australia) Pty Ltd (Lend Lease) as a penalty for a campaign of work stoppages in May 2011 on the Gold Coast University Hospital project and Brisbane Supreme Court and District Court project. Seven union organisers were also ordered to pay a $40,000 penalty to the Commonwealth.
- Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 5)  FCA 1144
- On 16 November 2012, injunctions were granted to prevent any further industrial action on the projects.
- Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 6)  FCA 1273
The Director alleges the CFMEU, CEPU and seven officials contravened the Fair Work Act 2009 (FW Act) and the Building and Construction Industry Improvement Act 2005 by engaging in unlawful industrial action and defying orders made by Fair Work Australia.
The Director also alleges that five of the respondents contravened right of entry provisions contained in the FW Act by hindering or obstructing or otherwise acting in an improper manner while exercising their rights as permit holders.
The alleged conduct relates to work stoppages at a Brisbane and a Gold Coast construction site at various dates between 28 February 2011 and 26 May 2011.
The case was heard with Lend Lease Project Management and Construction (Aust) Pty Ltd v CFMEU; CFMEU, IUD, Qld; CEPU in which the Director has intervened.