Karen Stuart-Mahoney v Construction, Forestry, Mining, Energy & Union (CFMEU) and Jason Deans

Applicant: ABCC Inspector Karen Stuart

Respondent(s): CFMEU, Jason Deans

Date filed: 19 September 2007

Court Findings:  The Federal Magistrates Court found the CFMEU and Mr Deans had contravened s789, s790 and s797 of the Workplace Relations Act when Mr Deans made false statements about union membership and coerced a worker to join the CFMEU in order to work on the CSL Parkville site in Victoria on 12 September 2006.

Court Outcome:  On 27 October 2008 FM Burchardt imposed penalties of $49,550 on the CFMEU and a penalty of $12,000 (half suspended) was imposed on Mr Jason Deans. The CFMEU was also ordered to pay $190.74 compensation to a labour hire carpenter for wages lost.

The respondents appealed against the judgment and orders.

On 8 February 2011 Ryan J reduced the penalties imposed on the respondents by half. Penalties totalling $24,775 were imposed on the CFMEU and $6,000 on Mr Deans ($3,000 suspended).

the liability judgement can be viewed at: http://www.austlii.edu.au/au/cases/cth/FMCA/2008/1015.html

the penalty judgement can be viewed at: http://www.austlii.edu.au/au/cases/cth/FMCA/2008/1435.html

the appeal judgement can be viewed at: http://www.austlii.edu.au/au/cases/cth/FCA/2011/56.html