Nathan Wilson v Tim Nesbit and Construction, Forestry, Mining and Energy Union (CFMEU)

Applicant: ABCC Inspector Nathan Wilson

Respondent(s): Tim Nesbit, CFMEU

Date filed: 27 January 2009

Court Findings: On 23 June 2008 Tim Nesbit and the CFMEU contravened s44 of the BCII Act when Mr Nesbit attended the Brisbane premises of Budget Shopfitters Pty Ltd, which make and install fittings for offices and shops.

The employees were working under an employee collective agreement. Nesbit made threats to a director of the company to:

(a) ban the company from any building site in Australia; and

(b) perform an audit which would result in the company having to spend a minimum of $30,000 on improvements.

In making these threats, Nesbit intended to force the company to terminate its employee collective agreement and make an agreement with the CFMEU. 

Court Outcome: On 23 December 2009 the Federal Court imposed a penalty of $40,000 on the CFMEU and a penalty of $9000 was imposed on the Mr Nesbit.