Case name
Australian Building and Construction Commissioner v Construction, Forestry, Mining & Energy Union & Ors
Known as
Perth Children’s Hospital
Commonwealth Courts Portal reference and link

WAD16/2014

Applicant
Australian Building and Construction Commissioner
Respondent(s) at time of filing
CFMEU, Joseph Mc Donald, Michael Buchan, Steven McCann, Bradley Upton, Patrick Heathcote, Tawa Harris
Date filed
29 January 2014
State/Territory
WA
Breach(es) found
Adverse action
Status
Finalised
Date finalised
11 May 2017
Link to liability and penalty judgment

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Perth Childrens’ Hospital Contraventions Case) [2017] FCA 491

Summary of court decision

The ABCC* commenced proceedings in the Federal Court of Australia against the CFMEU and officials: Joseph McDonald, Michael Buchan, Steven McCann, Bradley Upton, Patrick Heathcote and Tawa Harris. The ABCC alleged the respondents took coercive and adverse action on the new Perth Children’s Hospital construction site in January 2013.

The ABCC alleged that CFMEU officials attended the site and blocked the entrance in a way calculated to deter workers from attending for work on 25 January 2013 and 30 January 2013. It was alleged that the unions’ intention was to coerce John Holland to agree to certain of its demands.

*This matter was originally filed by Fair Work Building and Construction (FWBC). On 2 December 2016, FWBC became the ABCC.

Penalties

Penalties awarded against

Penalties awarded

CFMEU

$88,500

Joseph McDonald

$6,500

Tawa Harris

$5,500

Michael Buchan

$5,000

Brad Upton

$3,500

Steve McCann

$2,500

Pat Heathcote

$2,500

Total

$114,000

Total Penalties

$114,000

Historical content

11 May 2017 - Court penalises CFMEU leaders in $277,000 Perth Children’s Hospital decision