James Mathers v Construction, Forestry, Mining & Energy Union (CFMEU) and Justin Feehan

Applicant:  ABCC Inspector James Mathers

Respondent(s): CFMEU, Justin Feehan

Date filed: 7 July 2009

Court Findings:

The Federal Magistrates Court found the CFMEU and its official Justin Feehan, contravened s.38 of the Building and Construction Industry Improvement Act (2005) for engaging in unlawful industrial action at a Hindmarsh Square construction site in Adelaide. Baulderstone Hornibrook Pty Ltd was the head contractor at the site located.

On 15 July 2008 at 9.30am, CFMEU organiser Justin Feehan visited the site and met with employees working at the site. At that meeting, Mr Feehan suggested to the employees who attended the meeting that they take industrial action and arranged for a vote on industrial action to be taken. After the meeting the employees left the site and did not return to work for the remainder of that day.

Court Outcome:

On 28 January 2011 the Court imposed a penalty of $20,000 on the CFMEU and $5,000 on Mr Feehan.

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FMCA/2011/32.html