Case name
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Ors
Known as
The Bay Street Case
Commonwealth Courts Portal reference and link
Applicant
Respondent(s) at time of filing
Date filed
22 February 2016
State/Territory
Breach(es) found
Adverse action, Coercion
Status
Under appeal
Link to liability judgment
Link to penalty judgment
Full Court appeal Commonwealth Courts Portal reference and link
Summary of court decision
The Federal Court on 12 November 2019 penalised the CFMMEU $38,000 and two of its officials a total of $12,500 after they organised a work stoppage at a $30 million Brighton apartment project over demands for a larger site shed and dedicated female toilet.
The CFMMEU and its two officials filed an appeal against the penalty judgment on 9 December 2019.
On 10 November 2020, the Full Court of the Federal Court allowed the CFMMEU’s appeal and set aside the declarations and penalty orders made on 12 November 2019. The proceedings at first instance were dismissed.
The ABCC appealed against the Full Court decision on 8 December 2020.