Melissa Martino v Construction, Forestry, Mining, Energy Union and Allan Maher

Applicant: ABCC Inspector Melissa Martino

Respondent(s):  Construction, Forestry, Mining, Energy Union (CFMEU) and Allan Maher

Date filed: 10 November 2005

Court Findings:

The Magistrates’ Court of Victoria found the CFMEU and Mr Maher contravened s170NC of the Workplace Relations Act 1996 by acting with intent to coerce a subcontractor to enter an industrial agreement with the CFMEU. The contraventions took place at the Allegro Apartments in Footscray, Melbourne, Victoria in October 2004.

On 26 October 2004, Mr Maher prevented Civiltest employees from working at the Allegro Apartments site at Footscray, Melbourne. Civiltest were a subcontractor engaged to perform soil testing services.

Mr Maher made representations to Civiltest to the effect that he would persuade the head contractor, Buildcorp to prohibit Civiltest from working on the site until Civiltest agreed to enter into a certified agreement with the CFMEU. The CFMEU was a party to his conduct as Maher was acting as the CFMEU agent when he engaged in the contravening acts.

Court Outcome:

On 10 May 2006 Magistrate Hawkins imposed a penalty of $13,500 on the CFMEU and a penalty of $450 on Mr Maher.