Lisette Pine v Casello Constructions Pty Ltd

Applicant: ABCC Inspector Lisette Pine

Respondent(s): Casello Constructions Pty Ltd

Date filed: 24 November 2005

Court Findings:

The Federal Court of Australia found Casello Constructions (Casello) contravened s187AA of the WR Act by paying strike pay after industrial action by its workers following an unrelated workplace death at Shepparton in Victoria.

Following that death, a site safety audit took place at the Concept Blue and Three Towers sites in Melbourne. Casello workers at Concept Blue stopped work for 6 ½ hours on 5 August and 3 hours on 6 August.                                                                  

Casello workers at Three Towers stopped work for 4 ½ hours on 5 August. Casello subsequently paid 21 workers for the time that they refused to work.

Casello breached s187AA of the WR Act by making a payment of about $2000 each to 21 employees for periods of industrial action on 5 and 6 August 2003 at the two sites.

Court Outcome:

Justice North made the following declarations:

  • Casello contravened s187AA of the WR Act by making payment to 4 Concept Blue employees for a period on 5 and 6 August 2003 in which they engaged in industrial action; and

  • Casello has contravened s187AA of the WR Act by making payment to 17 Three Towers employees for a period on 5 August 2003 in which they engaged in industrial action.