Murray Gregor v Danny Berardi and Construction, Forestry, Mining, Energy Union (CFMEU)

Applicant: ABCC Regional Director Murray Gregor

Respondent(s): CFMEU, Danny Berardi

Date filed: 22 January 2010

Court Findings:

The Federal Magistrates Court found the CFMEU and its organiser, Danny Berardi contravened s38 of the Building and Construction Industry Improvement Act by Berardi attending the B Central site in Hawthorn and instructed the employees to stop work until the issue could be sorted out. The employees stopped work and left the site.

B Central was the head contractor on a student apartment site at Queens Avenue, Hawthorn.

On 6 October 2008, B Central dismissed the site ‘peggy’, who was also the OHS representative, due to poor work performance. Mr Berardi attended the site the following date and conducted the stop work meeting.

Court Outcome:

FM O’Sullivan imposed penalties of $25,000 on the CFMEU and $5,000 on Mr Berardi for contravening s38 of the BCII Act.