Case name
Director of the Fair Work Building Industry Inspectorate v Mudzait Mamudi & Ors
Known as
Midland Water
Commonwealth Courts Portal reference and link

WAD724/2015

Applicant

Australian Building and Construction Commissioner

Respondent(s) at time of filing

Mudzait Mamudi, Darren Barritt, Peter Gougan, 16 others

Date filed
3 December 2015
State/Territory
WA
Breach(es) found
Industrial action
Status
Finalised
Link to liability judgement

Australian Building and Construction Commissioner v Mamudi [2017] FCA 134

Summary of court decision

The ABCC* commenced proceedings against 23 employees working on WA Water Corporation’s new waste treatment plant for allegedly engaging in unlawful industrial action.

On 20 February 2015 the workers attended a pre-work meeting in the presence of three CFMEU and four AMWU officials. At the conclusion of the meeting, the workers determined a vote by show-of-hands in favour of taking industrial action.

The workers failed to perform any work that day. As a result, a concrete pour that was scheduled to take place was delayed.

The workers were covered by an enterprise agreement that was not set to expire until September 2017.

Under the Fair Work Act, it is unlawful to take part in unprotected industrial action before the nominal expiry date of a registered agreement has passed.

Nineteen respondents received penalties of $1,000 each after taking unlawful industrial action.

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

Penalities

Penalties awarded against

Penalties awarded

Mudzait Mamudi

$1,000

Darren Barritt

$1,000

Peter Gougan

$1,000

Adam Crafter

$1,000

Benjamin Croft

$1,000

Aleesha English

$1,000

William Hepburn

$1,000

Dalibor Jakovcevic

$1,000

Anthony Loncar

$1,000

Regan Mackenzie

$1,000

Bertin Matanda

$1,000

Nicholas O’Connor

$1,000

Gavin Osborne

$1,000

Edison Soto

$1,000

John Stieller

$1,000

Richard Sussex

$1,000

Susan Taylor

$1,000

Robert Watts

$1,000

Jason Williamson

$1,000

Total

$19,000

Total penalities

$19,000

Related content
Media release - Building industry watchdog takes 23 WA workers to Federal Court