Case name
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union and Others
Known as
The DMG Case
Commonwealth Courts Portal reference and link

SYG332/2016

Applicant
Australian Building and Construction Commissioner
Respondent(s)
  • CFMEU, CFMEU (NSW branch), Luke Collier, Darren Greenfield, Michael Greenfield, Robert Kera, Rita Mallia, Salvatore Manna, Francis O’Grady, Brian Parker, Tony Sloane, Martin Wyer
Date filed
State/Territory
NSW
Breach(es) found
  • Coercion
Status
Finalised
Link to penalty judgment

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union and Others

Summary of court decision

The Federal Circuit Court on 28 February 2020 penalied the CFMMEU and five of its officials $486,500.

The union was found to have organised unlawful blockades and work disruptions targeting Sydney concreting company De Martin and Gasparini (DMG) in 2015.

The Federal Circuit Court found the CFMMEU and its officials Brian Parker, Robert Kera, Salvatore Manna, Michael Greenfield and Luke Collier took action intended to coerce DMG to enter into a CFMMEU enterprise agreement. 

Penalties:

  • CFMMEU - $404,500
  • Brian Parker – $17,000
  • Michael Greenfield - $13,500
  • Luke Collier - $7,500
  • Robert Kera - $21,500
  • Salvatore Manna - $22,500

On 13 February 2015 Mr Parker, Mr Kera and other CFMMEU officers, carrying union-branded flags, attended a rally involving more than 70 DMG employees outside the main entrance to Barangaroo site. The DMG employees were taking part in protected industrial action.

On 14, 16 and 17 February CFMMEU officials unlawfully blocked the main entry gate and vehicle access gates preventing subcontractors from entering the site.

Over the three days subcontractors were prevented from attending work and subjected to abuse. Workers were called ‘f*ing scabs’ and ‘filthy dogs’ and concrete trucks were turned away, with at least one driver complaining of being harassed by a CFMMEU official.

Then CFMMEU NSW branch secretary Brian Parker told DMG’s general manager: “we are not mucking around anymore” and “we will keep fighting until the end”.

Former CFMMEU official Luke Collier, who was involved in blocking vehicle access to the site, directed others to: “Stand on the road guys. There’s not enough police to take us all away.”

Handing down his penalty judgment Judge Manousaridis described the conduct of the CFMMEU officials as serious because it was intended:

“…to signal to operators of trucks and workers that they would be prevented from entering the Barangaroo Site to carry out work.”

Total penalties
Penalties awarded against Penalties awarded
CFMMEU $404,500
Salvatore Manna $22,500
Robert Kera $21,500
Brian Parker $17,000
Michael Greenfield 13,500
Luke Collier $7,500
Total $486,500
Historical content

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union & Ors [2016] FCCA 1569 (28 June 2016) Interlocutory Judgment – Application for Discovery by 12th Respondent in Application for Costs

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Ors [No. 3] [2018] FCCA 34 (12 January 2018) Interlocutory Judgment – Application to set aside subpoenas

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Ors [No. 4] [2018] FCCA 192 (5 February 2018) Judgment on 12th Respondent’s Application for Costs

02 Mar 2020 - CFMMEU handed hefty penalty in NSW coercion case