A & L Silvestri and Hadgkiss v CFMEU, CFMEU (NSW), Primmer, Lane and Kelly

Applicant: A & L Silvestri Pty Ltd, ABC Inspector Nigel Hadgkiss 

Respondents: Construction Mining Forestry & Energy Union, CFMEU (NSW), Michael Lane, Peter Primmer and David Kelly

Date filed: 7 June 2005

Court Findings:

The Federal Court of Australia found that, in October 2003, the CFMEU, the NSW branch of the CFMEU and three CFMEU organisers, Michael Lane, Peter Primmer and David Kelly:

  1. Took unprotected industrial action and threatened further industrial action against a head contractor and an earthmoving subcontractor on a Wollongong site in contravention of s170NC of the Workplace Relations Act 1996.

  2. Threatened to shut down the site if the subcontractor was not removed by the head contractor with intent to coerce the subcontractor to enter an industrial agreement with the CFMEU also in contravention of s170NC.

  3. Contravened s 45D of the Trade Practices Act 1974 by conducting a secondary boycott against the head contractor with intent to force the subcontractor to sign an EBA.

Court Outcomes:

On 11 April 2008, the Court imposed a penalty of $5,500 each on the CFMEU and CFMEU (NSW) for contravening s170NC and a penalty of $1,800 on CFMEU official Michael Lane for contravening s45D of the Trade Practices Act 1974 in preventing LGB, the developer and builder the project at 26–28 Market Street Wollongong from acquiring services from Silvestri P/L (secondary boycott)

The CFMEU and CFMEU (NSW) were also ordered to pay the subcontractor, A & L Silvestri Pty Ltd, $23,000 in damages and $9,554.77 in interest. 

On 2 June 2008, the Court ordered the CFMEU and CFMEU (NSW) to pay A&L Silvestri Pty Ltd's costs of proving its damages in the proceeding.

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FCA/2008/466.html