Greg Alfred v Construction Forestry, Mining and Energy Union (CFMEU), CFMEU (NSW Branch) and Manna

Applicant: ABCC Inspector Gregory Alfred

Respondent(s): CFMEU, CFMEU (NSW Branch) and Manna

Date filed: 10 April 2008

Court Findings:

The Federal Magistrates Court found the CFMEU, CFMEU (NSW branch) and CFMEU organiser Sammy Manna contravened section 789 (Freedom of Association) of the WR Act in April 2006 by making threatening to harm the business of Conform Australia Pty Ltd (Conform) to its representative in an attempt to coerce him to become a member of the CFMEU.   Conform was a contracted concreting subcontractor on the Portico Plaza site in Toongabbie, NSW.

Court Outcome:

On 20 October 2009, Federal Magistrate Smith imposed penalties of $13,000 each on the CFMEU and CFMEU (NSW) and $2600 on Mr Manna.

The respondents appealed the decision.

On 10 February 2011, the Full Court of the Federal Court of Australia dismissed the appeal. 

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FMCA/2009/613.html

view the decision on penalty: http://www.austlii.edu.au/au/cases/cth/FMCA/2009/1003.html

view the appeal at: http://www.austlii.edu.au/au/cases/cth/FCAFC/2011/13.html