Ponzio v B & P Caelli, Construction, Forestry, Mining, Energy Union (CFMEU), Crnac and Spernovasilis

Applicant: Building Industry Taskforce, taken over by the ABCC

Respondent(s): B & P Caelli Construction Pty Ltd, CFMEU, Crnac, Spernovasilis

Date filed: 24 December 2004

Court Findings: The Federal Court of Australia dismissed the ABCC’s application for relief against B & P Caelli for paying strike pay and against the CFMEU for making a claim for strike pay in contravention of s 187AB(1)(a) of the Workplace Relations Act.

The ABCC appealed the decision of the Court and was successful.

Court Outcome:

On 14 May 2007 the Full Bench of the Federal Court imposed a penalty of $5,000 on the CFMEU for making a claim for strike pay and a penalty of $6,000, suspended for 12 months, on B & P Caelli Constructions Ptd Ltd for paying strike pay.

the liability judgement can be viewed at: http://www.austlii.edu.au/au/cases/cth/FCA/2006/1221.html

the appeal judgement can be viewed at: http://www.austlii.edu.au/au/cases/cth/FCAFC/2007/65.html