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

VID167/2016

Applicant
Australian Building and Construction Commissioner
Respondent(s) at time of filing
CFMEU, Stephen Long, Gerard Benstead
Date filed
22 February 2016
State/Territory
VIC
Breach(es) found
Coercion
Status
Current
Link to liability judgment

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Bay Street Case) [2018] FCA 83

Summary of court decision

Justice Bromberg found that CFMEU officials Stephen Long and Gerard Benstead had contravened the adverse action provisions of the Fair Work Act 2009 by organising a work stoppage because the head contractor did not agree to provide additional site amenities that Mr Long and Mr Benstead had requested.

Justice Bromberg also found that Mr Long and Mr Benstead had contravened the coercion provisions of the Fair Work Act 2009 by organising the work stoppage in order to coerce the head contractor to provide the additional site amenities requested.

Justice Bromberg found that the CFMEU had also contravened the adverse action and coercion provisions by the actions of its employees, Mr Long and Mr Benstead.