Shad Heyman v Construction, Forestry, Mining & Energy Union (CFMEU), Noel Washington, Matt Hudson and Elias Spernovasilis

Applicant: ABCC Inspector Shad Heyman

Respondent(s): CFMEU, Noel Washington, Matthew Hudson and Elias Spernovasilis

Date filed: 1 April 2010

Court Findings:

The Federal Magistrates Court found the CFMEU, Noel Washington and Matt Hudson contravened s38 of the BCII Act, by commandeering a tower crane and physically blocked access to the crane at the New Royal Children’s Hospital site in Parkville, Victoria on 21 May 2008.

Mr Washington and Mr Hudson refused to leave the crane for approximately three hours.

The CFMEU, Mr Washington and Mr Hudson contravened s.38 of the Building and Construction Industry Improvement Act 2005 (BCII Act) by engaging in unlawful industrial action when they placed a ban on work on the tower crane.

Court Outcome:

On 8 March 2011 FM Sullivan imposed penalties of $30,000 on the CFMEU, $6000 on Mr Washington and $5000 on Mr Hudson

view the reported case at: http://www.austlii.edu.au/au/cases/cth/FMCA/2011/145.html