Jeff Radisich v Construction, Forestry, Mining, Energy Union (CFMEU), Construction, Forestry, Mining, Energy Union WA (CFMEUW) and Walter Molina

Applicant: ABCC Regional Director Jeffrey Radisich

Respondent(s): CFMEU, CFMEUW, Walter Molina

Date filed: 15 July 2009

Status:

On 11 February 2011 the Federal Magistrate's Court at Perth found that the respondents contravened section 790(1)(a)(i) of the FW Act (false and misleading statements).

Background:

Australand Holdings Limited was the head contractor on the Coles-Myer Regional Distribution Centre construction project at Perth Airport.

On 19 March 2008, CFMEU organiser Walter Molina told employees of a contractor on the site that they could not continue to work on the site unless they became union members. Mr Molina met with the contractor's industrial relations manager and told him that the employees could not return to work at the site until they became union members.

The ABCC alleged that Mr Molina had made false and misleading representations about the obligation of the employees to be members of the CFMEU, and took action with the intent to coerce the employees to become members of the CFMEU.

Outcome:

On 25 May 2012, The Federal Magistrates Court at Perth ordered the CFMEU, CFMEUW and organiser Walter Molina to pay a total of $9240 for making false and misleading statements regarding workers obligation to join the union.

 

Judgement No 1:http://www.austlii.edu.au/au/cases/cth/FMCA/2009/1121.html

Judgment No 2: http://www.austlii.edu.au/au/cases/cth/FMCA/2011/66.html

Judgment No 3: http://www.austlii.edu.au/au/cases/cth/FMCA/2012/419.html