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)
  • CFMEU, Stephen Long, Gerard Benstead
Date filed
State/Territory
VIC
Breach(es) found
Adverse action, Coercion
Status
Finalised
Date finalised
Link to liability judgment

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

Link to penalty judgment

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

Full Court appeal Commonwealth Courts Portal reference and link

Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Bay Street Appeal) [2020] FCAFC 192

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. On 25 June 2021 the High Court refused the ABCC's application to appeal the Full Federal Court's 10 November 2020 decision.