Michelle Cozadinos v Australian Workers Union (AWU), Terry Lee, Communications Electrical Plumbing Union (CEPU), Peter Mooney, Australian Manufacturing Workers Union (AMWU) and Steve Dodd

Applicant: ABCC Inspector Michelle Cozadinos

Respondent(s): AWU, Terry Lee, CEPU, Peter Mooney, AMWU and Steven Dodd

Date filed: 9 April 2009

Court Findings:

The Federal Magistrates Court found that each of the respondents contravened s38 of the BCII Act by engaging in unlawful industrial action at the Maryvale Paper Mill facility in Morwell, Victoria in November 2007.

Australian Paper Pty Limited owns and operates the Maryvale Paper Mill facility in Morwell, Victoria. In 2007-2008 Australian Paper undertook a large expansion project involving various building and construction works, known as the Pulp Mill Project (PMP).

On 23 November 2007, employees of four contractors engaged on the PMP left the site between 10.40 am and 11.15 am and did not return to work that day.

Mr Lee, Mr Mooney, Mr Dodd and the AWU, CEPU and AMWU were each involved in the unlawful industrial action.

Mr Lee and the AWU also contravened the BCII Act by placing a ban on the performance of work at the site on 24 and 25 November 2007.

Court Outcome:

Burchardt FM imposed penalties totalling $8,750 on the AWU, $8,000 on the CEPU,  $1,500 on Mr Mooney, $1,750 on Mr Dodd.