Case name
Australian Building and Construction Commissioner v Communications, Electrical, Electronic, Information, Postal, Plumbing and Allied Service Union of Australia & Ors
Known as
NRT
Commonwealth Courts Portal reference and link

NSD478/2019

Applicant
Australian Building and Construction Commissioner
Respondent(s) at time of filing
  • CEPU, Antony Stegic, Michael Hopper, Stewart Edward
Date filed
State/Territory
NSW
Breach(es) found
Industrial action, Non-compliance with right of entry laws
Status
Finalised
Date finalised
Summary of court decision

The Federal Court has penalised the CEPU and three of its officials $34,600 for stopping work at the Sydney Metro Trains Facility Site (SMTF Site) in Rouse Hill in 2016.

The CEPU was penalised $23,000 and its officials – Antony Stegic, Michael Hopper and Stewart Edward a total of $11,600 for the unlawful industrial action and acting in an improper manner.

It was admitted that the CEPU officials were involved in unprotected industrial action engaged in by employees who were undertaking electrical work on the project. The employees stopped work from 17 October to 18 October 2016.

The conduct included Mr Stegic and Mr Edward blocking the entry of management to the induction room where the employees engaged in a stoppage of work on 17 October 2016.

It was also admitted that Mr Stegic and Mr Hopper both contravened section 500 of the Fair Work Act by acting in an improper manner while entering the SMTF Site outside working hours and actively opposing the efforts of management to encourage the employees to return to work.

In describing the conduct of the CEPU officials, Justice Abraham said:

“The respondents, given their position, should have known better as to the approach they took. There was a procedure to be followed for such a complaint. The actions continued over more than one day.

“I do not accept the respondents’ submission that the seriousness of the contraventions is at the lower end of the range suggested by the parties.”

Total Penalties
Penalties awarded against Penalties awarded
CEPU $23,000
Antony Stegic $11,600
Michael Hopper $11,600
Stewart Edward $11,600
Total $34,600
Historical content

9 Nov 2020 - CEPU and three officials penalised $34,600 over stoppage of works at Sydney Metro Trains Facility Site