Jeffrey Joseph Radisich v Walter Vinicio Molina & Ors
Court file number: PEG125/2009
Applicant: ABCC Regional Director Jeffrey Radisich
Respondent(s): CFMEU, CFMEUW, Walter Molina
Date filed: 15 July 2009
Alleged breach: Coercion
- The Liability decision was handed down on 11 February 2011. The ABCC was successful in obtaining a declaration in relation to a contravention of s. 790(1)(a)(i), but not s. 789(1)(a). The Court made adverse findings against all three respondents.
- Radisich v Molina & Ors (No.2)  FMCA 66 (11 February 2011)
- Penalty decision was delivered on 25 May 2012 containing pecuniary amounts of the following: Walter Molina of $660; the CFMEUW of $3,960; and the CFMEU of $4,620. Penalties have been paid in full.
- Radisich v Molina & Ors (No.3)  FMCA 419 (25 May 2012)
Australand Holdings Limited was the head contractor on the Coles-Myer Regional Distribution Centre construction project at Perth Airport.
On 19 March 2008, CFMEU organiser Walter Molina told employees of a contactor on the site that they could not continue to work on the site unless they became union members. Mr Molina met with the contractor's industrial relations manager and told him that the employees could not return to work at the site until they became union members.
The ABCC alleges that Mr Molina had made false and misleading representations about the obligation of the employees to be members of the CFMEU, and took action with the intent to coerce the employees to become members of the CFMEU.
A trial was held on 3 and 4 November and 3 December 2009.