Gregor v CFMEU and Berardi

Applicant: ABCC Regional Director Murray Gregor 

Respondent(s): CFMEU and Daniel Berardi 

Date filed: 20 May 2009 

Outcome: 

The CFMEU and organiser Daniel Berardi admitted to taking unlawful industrial action in breach of section 38 of the Building and Construction Industry Improvement Act 2005 (BCII Act). On 16 December 2009 O'Sullivan FM imposed penalties totalling $8,500. A penalty of $7,500 was imposed on the CFMEU and $1,000 on Mr Berardi, suspended for two years on the condition he does not breach the BCII Act.

Background:

In June 2007 Masbuild (Aust) Pty Ltd commenced work as construction manager for a demolition and renovation project at Bialik College in Hawthorn, Victoria. 

It is alleged that on 19 July 2007 CFMEU official Daniel Berardi engaged in unlawful industrial action at the site. The alleged unlawful conduct included holding a stop work meeting, and directing subcontractors employees to cease work for the remainder of the day. It is alleged that Mr Berardi engaged in the unlawful conduct because Masbuild was not a party to a collective agreement with the CFMEU.